Disorderly persons offenses (DPOs) and indictable offenses are two types of criminal offenses that exist in some states in the United States. DPOs are the lowest level of criminal offense in these states, while indictable offenses are the highest level. The distinction between DPOs and indictable offenses is important because it affects the way that the offenses are tried and the penalties that can be imposed.
What is a Disorderly Persons Offense?
A disorderly persons offense is a criminal offense that is less serious than an indictable offense. Disorderly persons offenses are typically tried in municipal court, and they can result in a fine, probation, or jail time. Some examples of disorderly persons offenses include:
- Disorderly conduct. This offense is typically defined as engaging in behavior that is likely to cause a disturbance or annoyance to others.
- Harassment. This offense is typically defined as engaging in conduct that is intended to annoy, alarm, or threaten another person.
- Public intoxication. This offense is typically defined as being intoxicated in public in a manner that is likely to cause a disturbance.
What is an Indictable Offense?
An indictable offense is a criminal offense that is more serious than a disorderly persons offense. Indictable offenses are typically tried in Superior Court, and they can result in a prison sentence. Some examples of indictable offenses include:
- Assault. This offense is typically defined as intentionally causing or attempting to cause physical harm to another person.
- Battery. This offense is typically defined as intentionally touching another person in a harmful or offensive manner.
- Theft. This offense is typically defined as taking the property of another person without their consent.
How Do They Differ?
There are several key differences between disorderly persons offenses and indictable offenses. These differences include:
- The severity of the offense. Disorderly persons offenses are less serious than indictable offenses. This means that the penalties for disorderly persons offenses are typically less severe than the penalties for indictable offenses.
- The court in which the offense is tried. Disorderly persons offenses are typically tried in municipal court, while indictable offenses are typically tried in Superior Court.
- The burden of proof. The prosecution must prove beyond a reasonable doubt that the defendant committed a disorderly persons offense. However, the prosecution only needs to prove that the defendant is guilty beyond a reasonable doubt in order to convict them of an indictable offense.
What States Do These Offenses Exist In?
Disorderly persons offenses (DPOs) and indictable offenses only exist in some states in America. These states include:
- New York
- New Jersey
- Pennsylvania
- Connecticut
- Massachusetts
