Michael Kotik Reviews The Similarities and Differences of New Jersey and Pennsylvania Criminal Law

One common question our office receives is whether New Jersey has misdemeanors, and how those charges compare to Pennsylvania criminal offenses. Attorney Michael Kotik of SKA Law Group reviews the major differences between the two states.

New Jersey Classification of Offenses

New Jersey is not a commonwealth jurisdiction, and its criminal statute is structured differently from Pennsylvania’s. In fact, New Jersey does not use the term “misdemeanor” at all. Instead, New Jersey classifies offenses into four categories:

• Indictable offenses (commonly understood as felonies)
• Disorderly persons offenses
• Petty disorderly persons offenses
• Local ordinance violations

Pennsylvania Classification of Offenses

Pennsylvania uses a more traditional criminal structure:

• Felonies
• Misdemeanors
• Summary offenses
• Traffic citations

This difference becomes extremely important when comparing criminal records or negotiating plea agreements for individuals charged in different states.

Court Structure: New Jersey vs. Pennsylvania

New Jersey has two primary levels of criminal court:

1. Municipal Court – Handles traffic offenses, disorderly persons charges, petty disorderly offenses, and certain downgraded indictable cases.

2. Superior Court – Handles indictable (felony-level) cases and other high-level criminal matters.

Pennsylvania, by contrast, begins most criminal cases in Magisterial District Courts and then, if held for court, cases proceed to the Court of Common Pleas.

DUI Comparison Between NJ and PA

One of the most significant differences between the two states is how they treat DUI:

• In Pennsylvania, a DUI charge is usually classified as a misdemeanor, with varying tiers based on blood alcohol level and prior history.

• In New Jersey, DUI is not a crime — it is classified as a traffic offense, handled in Municipal Court. However, penalties can still include substantial fines, license suspension, ignition interlock requirements, and even jail.

Talk to SKA Law Group About Your Case

If you would like your case reviewed by an attorney who understands both Pennsylvania and New Jersey criminal systems, including Michael Kotik of SKA Law Group, contact our office. We can explain how these laws impact your record, driving privileges, and your future based on the facts surrounding your arrest.