Being charged with domestic violence in New Jersey is a serious legal matter that can carry severe consequences, including jail time, fines, restraining orders, and a permanent criminal record. However, in some cases, it may be possible to negotiate a plea deal or have the charges reduced or dismissed, depending on the circumstances of the case.
If you or a loved one is facing domestic violence charges, it is crucial to understand your legal options, the factors that influence plea bargains, and how an experienced defense attorney can help.
1. Understanding Domestic Violence Charges in New Jersey
Domestic violence offenses in New Jersey fall under the Prevention of Domestic Violence Act (PDVA) and include charges such as:
- Simple Assault (N.J.S.A. 2C:12-1(a))
- Aggravated Assault (N.J.S.A. 2C:12-1(b))
- Harassment (N.J.S.A. 2C:33-4)
- Stalking (N.J.S.A. 2C:12-10)
- Terroristic Threats (N.J.S.A. 2C:12-3)
- Criminal Mischief (N.J.S.A. 2C:17-3)
- False Imprisonment (N.J.S.A. 2C:13-3)
- Sexual Assault (N.J.S.A. 2C:14-2)
The severity of the charge depends on the nature of the offense, any prior history of domestic violence, and the presence of aggravating factors, such as weapons use, injuries, or violations of restraining orders.
2. Can Domestic Violence Charges Be Reduced or Dismissed?
While domestic violence charges are prosecuted aggressively in New Jersey, there are situations where a plea deal may be possible. The chances of getting charges reduced depend on factors such as:
A. The Strength of the Prosecution’s Evidence
- If the prosecution lacks strong evidence (e.g., no injuries, unreliable witnesses, conflicting statements), the defense can argue for dismissal or reduction of charges.
- If the alleged victim recants or refuses to testify, the prosecution may have a harder time proving the case beyond a reasonable doubt.
B. First-Time Offender vs. Repeat Offender
- First-time offenders may be eligible for diversionary programs such as the Conditional Dismissal Program for disorderly persons offenses (misdemeanors).
- Repeat offenders or those facing felony charges (indictable offenses) may have a harder time securing a plea deal.
C. The Severity of the Allegations
- Simple assault or harassment charges are more likely to be plea-bargained down than more serious offenses like aggravated assault or sexual assault.
- If a weapon was involved or serious injuries occurred, the prosecution is less likely to offer a deal.
D. The Victim’s Position on Prosecution
- While the State of New Jersey prosecutes domestic violence cases independently of the victim’s wishes, if the victim requests leniency or refuses to cooperate, the prosecution may consider reducing charges.
3. What Are Common Plea Bargains in Domestic Violence Cases?
If a plea deal is possible, it may involve:
A. Reduced Charges
- From Aggravated Assault (Felony) to Simple Assault (Misdemeanor):
- This reduces potential jail time and fines and avoids a felony conviction.
- From Simple Assault to Harassment or Disorderly Conduct:
- These are non-violent offenses with lower penalties and often do not carry long-term consequences.
B. Conditional Dismissal (For First-Time Offenders)
- If charged with a disorderly persons offense (misdemeanor), first-time offenders may be eligible for conditional dismissal.
- Requires completion of probation, counseling, or anger management.
- After successfully completing the program, charges may be dismissed.
C. Pre-Trial Intervention (PTI) for Felony Charges
- If charged with a felony-level offense, Pre-Trial Intervention (PTI) may be an option.
- PTI allows first-time offenders to complete supervised probation and counseling in exchange for charges being dismissed upon successful completion.
- No criminal conviction is entered on record if PTI is successfully completed.
D. Probation Instead of Jail Time
- In some cases, a plea deal may involve pleading guilty to a lesser charge in exchange for probation instead of jail time.
- May include conditions like community service, anger management, and no-contact orders.
4. How a Defense Attorney Can Help in Domestic Violence Cases
An experienced criminal defense attorney can:
✔ Review the prosecution’s evidence and challenge weak or inconsistent claims.
✔ Negotiate with prosecutors for a plea deal or charge reduction.
✔ Argue for a dismissal if the evidence is insufficient or improperly obtained.
✔ Explore alternative sentencing options like probation, PTI, or conditional dismissal.
✔ Defend against false accusations or exaggerated claims.
5. Protecting Your Rights in a Domestic Violence Case
If you are facing domestic violence charges in New Jersey, do not try to handle the case alone. The stakes are high, and a conviction can have lasting consequences on your reputation, employment, and future.
At Ziegler Law Group, LLC, our skilled criminal defense attorneys have extensive experience handling domestic violence cases, negotiating plea deals, and fighting for our clients’ rights.
