Criminal offenses under state and federal laws are generally categorized by the seriousness of the crime as felonies (more serious) or misdemeanors (less serious). Felonies are offenses that generally may result in prison sentences of more than one year, and misdemeanors carry sentences of one year or less. The United States Congress sets the penalties for all federal criminal offenses, and thus decides which criminal offenses are felonies and which are misdemeanors. And the state legislature in each state decides which criminal offenses are felonies and which are misdemeanors under state law.

In New Jersey, criminal offenses are classified into indictable offenses, disorderly persons offenses, and petty disorderly persons offenses, rather than the typical felony and misdemeanor classifications used in many other states. Indictable offenses in New Jersey are analogous to felonies in other states and are serious crimes that can result in a state prison sentence of more than one year. These are further categorized into first, second, third, and fourth degrees, with first-degree crimes being the most serious. Disorderly persons offenses and petty disorderly persons offenses are similar to misdemeanors in other jurisdictions and generally carry penalties of less than one year in county jail. The New Jersey State Legislature determines the classification and penalties for state offenses. At the federal level, the United States Congress establishes the penalties for federal criminal offenses and designates which are felonies and misdemeanors. Federal felonies typically carry potential sentences of more than one year in federal prison, while misdemeanors have maximum sentences of one year or less.