Q: Can a simple assault domestic violence charge be dropped?

A: Yes it can, however you need to retain an experienced matrimonial attorney with extensive domestic violence trial experience. If the person whom you filed the charge against, that person should retain an experienced criminal defense attorney and I can certainly recommend one. However, unlike with me, the person who needs the criminal defense attorney will have to go to that person's office. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on AVVO all-time nationwide. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

A: I'm guessing you / your partner was criminally charged with simple assault through the police department, AND there was a domestic violence complaint filed as well through the municipal court judge or superior court judge sitting in the family part.

If my understanding is correct as to the filing of a criminal charge of assault, the "victim" has the right to approach the municipal / county prosecutor handling the criminal complaint and ask to dismiss the complaint. Since im guessing there was also a domestic violence complaint filed, im sure that the prosecutor is going to want to know whether that matter is being dismissed and what protections are going to be in place moving forward. If my understanding of the setting is correct, presume that the prosecutor and judge will want specific information from the victim before they wiil simply dismiss the matter to ensure that it will not take place again.

A: Any charge can be dropped. Whether that will happen depends on you having a lawyer who has good relationships in the municipal court and a victim that will consent to charges being dropped.

A: Yes it could be dropped if you have a lot of luck and a great lawyer. Domestic Violence charges are one of the five most prosecuted crimes in NJ to which prosecutors are laothe to drop let alone downgrade. Having done this line of work for over 30 years of course I have had many dropped but its the exception not the rule. You need to make sure the attorney you choose is very familiar with the laws surrounding domestic violence matters. Just remember like in any other field you get the quality you pay for so if winning is important don't look for the cheapest but the best.