What defense should my boyfreind take in order to have simple assault charges dropped?

Asked almost 2 years ago - Keyport, NJ

I called 911 after being hit by my live in boyfreind. It was not the first time this happened! But it was the first time i let them take him away! I went and got a temp. restraining order and followed through with getting the FRO. I didnt know that simple assault charges were pressed against him! I was told by him thru a freind that his lawyer advised him that the only way to get this dismissed is to now press charges against me! Then we can both agree mutually to drop it and move on! I know this can't be the only solution! If i could drop the charges myself...I would do so. But I was told that it's out of my hands! What other routes can we take to have this matter dismissed? His job and permanent record are at stake! I don't want to see him loose his job!

Attorney answers (3)

  1. Mark M Cheser

    Contributor Level 20

    2

    Lawyers agree

    Answered . Speak to the prosecutor in the town that has the case. They will likely let you drop the charges. They cannot prove the case without your cooperation. He may have to do anger management first but it sounds like that will not do too much harm.

  2. Matisyahu Wolfberg

    Contributor Level 11

    2

    Lawyers agree

    Answered . It sounds like you would benefit from an in person consultation with an attorney.


    Matisyahu Wolfberg
    www.FormerCop.com
    NY Criminal defense Attorney

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I am licensed to practice law in the States of New York and New Jersey. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue

  3. Lawrence Michael Centanni

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . The prosecutor may dismiss the Complaint, contingent that there are no physical signs of injury ("fresh" black and blue markings, cuts, some type of markings that would indicate someone was hit.), and/or you did give a statement to the police following the incident. Now, if you did give a statement and there are physical signs of injury, you can tell the prosecutor that you do not want to move forward, however, the Complaint more likely then not, was signed by the State and the prosecutor may have enough evidence (police observation, pictures of yourself, pictures of the Defendant, and your statement, ) to proceed without you or force you via subpoena to come to court to testify.

    If the Defendant files a complaint against you, you need to obtain an attorney asap.

    The information is for general information purposes only. Nothing from this comment should be taken as legal... more

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