The 5 Most Common Crimes During Summer in New Jersey and Pennsylvania: How are crimes classified – Felony vs. Misdemeanor
Summer 2025 is here! Philadelphia, along with its surrounding counties in Pennsylvania and New Jersey will host musicians to perform at various events!
I have written in articles, strategy books, a criminal problem can happen at any time but there is a greater chance that this could happen whenever there is a large gathering of people and alcohol such as a music concert.
What a criminal conviction could mean for you or a friend
While it is important to understand that the majority of offenses are misdemeanors and in some cases summary offenses as opposed to felony crimes, each could substantially hinder or derail a professional or academic career. Our law firm has represented individuals who maintain different professional positions in health care, law enforcement, and business.
Even a minor charge could cause an organization to terminate a person to avoid embarrassment or negative publicity. This is why it is so important to hire a qualified criminal defense lawyer if you are charged with a criminal offense.
The most common crimes and offenses our law firm encounters during and following these large summer events are the following:
- Disorderly conduct
- Underage drinking
- Criminal mischief
- Drunk driving
- Simple Assault
- Aggravated
Disorderly Conduct
A person commit disorderly conduct in Pennsylvania if he or she, (1) with the intent to cause public inconvenience, annoyance, or alarm, engages in fighting or threatening or some other violent behavior; (2) makes unreasonable noise; (3) uses obscene language or an obscene gesture; (4) creates a hazardous or physically offensive condition by an act which serves no legitimate purpose (See Title 18, Section 5503 of the Pennsylvania Crimes Code).
Disorderly conduct is graded as a misdemeanor of the 3rd degree if the actor causes substantial harm or serious inconvenience; otherwise it is a summary offense. Keep in mind that the maximum punishment for a misdemeanor of the 3rd degree is 1 year of state prison while the maximum punishment for a summary offense in the Commonwealth is 90 days in the county jail.
A disorderly conduct charge is very common in large groups of intoxicated or drunk persons. Our criminal defense law firm has represented individuals charged with this offense following music concerts, sporting events, or public celebrations.
Underage Drinking
In Pennsylvania, underage drinking is a summary offense and a person commits it if he or she, being less than 21 years of age, attempts to purchase, purchases, consumes, or knowingly and intentionally transports any liquor, malt, or brewed beverage. It is very important to understand that if a person is charged or convicted of this offense there is a maximum fine of $500.00 (first offense) but more importantly a 90 day, driver’s license suspension. Please keep in mind that some people incorrectly believe transporting of alcohol, in and of itself, is not a criminal offense in Pennsylvania, but this is simply wrong!
Criminal Mischief
Similar to disorderly conduct, criminal mischief is another crime that our firm encounters during public events and celebrations in Philadelphia or its surrounding counties of Bucks, Montgomery, Delaware and Chester. A person commits criminal mischief in Pennsylvania if he or she damages property of another intentionally or recklessly. Damaging includes defacing the property.
Unlike disorderly conduct, criminal mischief can be graded as a felony of the 3rd degree if the person causes a loss in excess of $5,000.00 or substantially interrupts public communication, transportation, or some other public service like such as the operation of Septa bus, trolley, regional rail or subway.
This crime is a misdemeanor of the 2nd degree if the loss or damage is over $1,000.00 but less than $5,000.00, and a misdemeanor of the 3rd degree if the damage is less than $1000.00 but over $500.00. Criminal mischief is a summary offense if the damage is less than $500.00 but more than $150.00.
Drunk Driving
I’ve written articles and done videos on drunk driving in Pennsylvania and New Jersey. I encourage you to read more about this practice area. Drunk driving is an offense that not only carries with it mandatory minimum county jail time in some cases, but also a drivers license suspension. It’s important to remember that if you’re stopped for drunk driving you should never refuse a chemical test (blood or breathalyzer).
Remember that police must have probable cause to stop and arrest you for DUI and motions to suppress evidence based on a lack of probable cause or reasonable suspicion is a very strong defense tool for your criminal lawyer in these cases. I have also written articles on field sobriety testing which is an important aspect of these cases.
Aggravated and Simple Assault
Simple Assault
One of the most common offenses that our law firm defends in New Jersey and Pennsylvania is assault. Assault is divided into simple and aggravated assault under 2C:12-1 in New Jersey. A simple assault is when a person attempts to cause or purposely knowingly or recklessly causes a bodily injury to another. A simple assault is also if a person negligently causes bodily person to another with a deadly weapon. Simple assault is a disorderly persons offense unless it is committed in a fight or a scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense in New Jersey.
In Pennsylvania, a simple assault (Title 18, Section 2701) is graded as a misdemeanor of the second degree unless it is a result of mutual scuffle, in which case it is misdemeanor of the third degree. A person can also be charged with a simple assault if he or she recklessly causes a bodily injury to another with a deadly weapon. In this situation, it is a crime of the fourth degree.
Aggravated Assault
Unlike a simple assault, an aggravated assault in New Jersey is an indictable crime. A person who is guilty of an aggravated assault after he or she causes or attempts to cause serious bodily injury to another. An aggravated assault is also cause if a person or knowingly causes bodily injury to another with a deadly weapon. An aggravated assault in New Jersey is a crime of the second degree if the Court finds that a person caused serious bodily injury. It is a crime of the third degree if a person attempts to cause only bodily injury with a deadly weapon. A deadly weapon can be practically anything in New Jersey, just like Pennsylvania. Pennsylvania, similar to New Jersey, classifies aggravated assault (Title 18, Section 2702) based on the circumstances surrounding the incident; it’s a felony grade crime in the Commonwealth
Assaults involving members of a protected class
Like Pennsylvania, in New Jersey, if a person commits an assault or attempts to commit an assault against a member of a protective class, like a police office, EMS, or a firefighter, the State (New Jersey) only needs to establish bodily injury as opposed to serious bodily injury. In this situation, a person would be charged with a crime of the third degree (indictable crime.) This distinction is very important.
What to know about the Classification of Crimes in Pennsylvania and New Jersey
Classes Crimes in Pennsylvania
Pennsylvania organizes crimes into three categories: felony, misdemeanor, and summary. Felonies and misdemeanors are further classified into three degrees based on their severity. The categorization of a specific crime is not always certain because it may be affected by the seriousness of the offense, the accused’s prior record, and the facts surrounding the incident.
Felonies are the most serious crimes and have the longest prison terms. A felony of the first degree carries with it a maximum twenty-year prison sentence (with the exception of murder in the first degree—life without parole or death if applicable; second degree murder—life, and third degree murder—forty years. A felony of the second degree carries a maximum term of ten years, and a felony of the third degree or an ungraded felony has a maximum sentence of seven years.
While some states classify misdemeanors as crimes with a maximum prison sentence of one year in a county jail, Pennsylvania law allows punishments for misdemeanors to exceed one year. Misdemeanors of the first degree carry a maximum sentence of five years in prison. Misdemeanors of the second degree have a maximum prison term of two years, and misdemeanors of the third degree have a maximum one-year sentence. Common misdemeanor offenses are simple assault, theft ($200 to $2,000), driving under the influence offenses, and drug possession charges.
The least-serious classification in Pennsylvania cover summary offenses; these include crimes such as disorderly conduct, underage drinking, and traffic offenses. While receiving a term of imprisonment in these matters is highly unlikely, there is a maximum term of ninety days in a county jail.
Crimes vs Offenses in New Jersey
In New Jersey, offenses that are often referred to as felonies in other states such as Pennsylvania are called “indictable offenses” or crimes in the Garden State. The term offense in New Jersey, often referred to as a misdemeanor in other states, is known as a disorderly persons offense. Petty disorderly offenses are known as summary offenses in other jurisdictions, including Pennsylvania.
A disorderly persons offense is one where a person can be arrested but the matter will be heard in New Jersey Municipal Court. Unlike a crime, a New Jersey prosecutor won’t put the case before a New Jersey grand jury and a person charged with a disorderly person offense isn’t entitled to a jury trial.
The most common disorderly persons offenses in New Jersey include:
- Shoplifting (under $200)—Section 2C: 20-11
- Simple Assault—Section 2C: 12-1
- Disorderly Conduct
- Theft/theft of Services (under $200)—Section 2C: 20-8
- Obstruction of Justice
- Resisting Arrest—Section 2C: 29-2
The most common disorderly person offenses in New Jersey include:
- Harassment—Section 2C: 29-2
- Fighting—Section 2C: 12(a)3
Degrees of Indictable Offenses in New Jersey
Indictable crimes in New Jersey are reserved for more serious offenses, which are referred to as felony offenses in other jurisdictions. Indictible offenses are further classified based on degrees ranging from the 1st to 4th degree with the 1st degree reserved for the most serious crimes. Unlike disorderly person offenses, indictable crimes provide an accused person with the right to have his or her case presented to a grand jury before the individual is formally indicted. Indictible crimes or offenses are heard in Superior Court and if indicted, the accused person has a right to a trial by jury.
Maximum Penalties for Offenses and Crimes in New Jersey
A person charged with disorderly person offenses faces a maximum of a $1,000 fine and up to 6 months in jail whereas a person charged with a petty disorderly offense faces up to 30 days in jail and a maximum of a $500 fine. Indictable offenses or crimes have much more serious criminal consequences which are as follows:
- 1st degree—20 years in state prison, $200,000 fine
- 2nd degree—10 years in state prison, $150,000 fine
- 3rd degree—5 years in state prison, $15,000 fine
- 4th degree—18 months in jail, $10,000 fine
Enjoy Summer 2025! Please enjoy it responsibly!
Our criminal defense attorneys are licensed in Pennsylvania & New Jersey. They serve the accused throughout the Philadelphia, Abington, Atlantic City, Bensalem, Berlin, Bristol, Camden, Cape May, Cheltenham, Cherry Hill, Chester, Conshohocken, Haddonfield, Horsham, Lansdale, Lower Merion Township, Maple Shade, Media, Mount Laurel, Norristown, Pottstown, Runnemede, Salem, Upper Darby, Upper Dublin, Upper Merion Township, Upper Providence, Vineland, Voorhees & Woodbury areas.
