Brett Wentz has built a reputation in New Hanover and Pender Counties as a relentless advocate for clients facing domestic violence allegations. Over the past decade, he has handled hundreds of domestic violence matters—ranging from simple misdemeanor assaults to complex felony cases—and secured dismissals, reduced charges, or not-guilty verdicts in a remarkable percentage of trials. His deep familiarity with local judges, prosecutors, and courtroom dynamics means he knows which defense strategies resonate and when to push for motion hearings that can derail the State’s case entirely.

Brett’s approach is hands-on and strategic: he begins every case with a thorough, independent investigation—reviewing 911 recordings, medical reports, and witness statements to identify inconsistencies before the State builds its theory. He maintains a network of expert witnesses (including forensic psychologists and domestic violence counselors) to counteract prosecution narratives. By combining tenacious cross-examinations, targeted pretrial motions, and carefully crafted plea negotiations, Brett consistently wins favorable outcomes even against seemingly strong Government evidence. When you need a domestic violence attorney who understands the stakes—protecting your family relationships, your freedom, and your future—Brett Wentz delivers results.

How to Handle a Domestic Violence Charge in New Hanover and Pender Counties

Being accused of domestic violence (also called “family assault” or “assault on a household member”) in North Carolina is serious. Convictions can mean mandatory anger-management assessments, jail time, and long-term restrictions on custody and gun rights. If you’re arrested or investigated for domestic violence, every second counts. You need an experienced attorney who knows the local courts, judges, and prosecutors and can begin building your defense immediately.

First, do not speak to law enforcement without an attorney present—anything you say can be used against you. Second, gather witness names and any relevant texts, emails, or photographs. Finally, call us before you post anything online or agree to any form of counseling without knowing your legal rights.

In New Hanover and Pender Counties, judges often issue a 100-mile protective order immediately after arraignment. Our firm’s highest priority is negotiating limited-contact arrangements (where appropriate) and swiftly working toward expungement or reduced outcomes whenever possible.

Do I Need a Domestic Violence Lawyer?

Short answer: absolutely. Domestic violence charges can be felonies (especially if there’s a prior record or aggravating factors like strangulation). Even a “simple” misdemeanor assault can carry up to 120 days in jail, fines, and a permanent criminal record. You might think you can handle it yourself, but the State in North Carolina has extensive resources—prosecutors, investigators, and victim-witness advocates—working to secure a conviction.

A skilled attorney can:

• Investigate whether there was probable cause for the initial arrest

• Review any phone calls, 911 recordings, or medical records

• Identify and interview alibi witnesses

• Advocate for reduced bail or release conditions

• Challenge witness credibility, especially if statements were coerced

• Negotiate pretrial diversion (for eligible first-time offenders)

• Explore alternative sentences, such as anger-management counseling instead of jail

• Work toward expunction if the charges are dismissed or reduced

The worst mistake is to wait until your first court date. As soon as you’re under investigation or arrested, call Brett Wentz. We’ll guide you through every step, explain your rights, and begin building your defense immediately.

Can Domestic Violence Charges Get Dropped?

Yes—under certain circumstances, domestic violence charges can be dismissed entirely. In North Carolina, the prosecutors must prove every element of the offense beyond a reasonable doubt. If your attorney uncovers critical issues—such as a lack of probable cause at the time of arrest, inconsistent or recanted witness statements, or evidence that the alleged “victim” misled law enforcement—the State may decide to drop the charges before trial.

Additionally, if you and the alleged victim attend a victim-offender mediation program or complete a pretrial intervention diversion program (available in select counties for first‐time, nonviolent offenders), the District Attorney’s Office might agree to dismiss the case upon successful completion of counseling or anger-management classes.

However, it’s important to understand two key caveats:

1. The Victim Cannot “Drop” the Case Unilaterally. Once an arrest has occurred and charges are filed, the victim’s preference does not control the DA’s decision. Even if the alleged victim recants or asks the prosecutor not to proceed, the DA may still move forward. Your attorney must build a legal strategy—often via pretrial motions—to challenge the credibility of the State’s evidence.

2. Timing Matters. The best opportunity to have charges dropped is early in the process—ideally before arraignment or immediately after. Once discovery is exchanged and the DA feels confident in the evidence, dismissals become far less likely.

A skilled domestic violence attorney will:

• File a motion to suppress evidence if law enforcement violated your constitutional rights (e.g., conducting an unlawful search, failing to read Miranda warnings, or improperly serving a protective order).

• Investigate and interview witnesses who can corroborate your version of events—sometimes leading to witnesses declining to cooperate with prosecutors.

• Highlight inconsistencies in medical records or 911 calls that undermine the State’s narrative.

• Negotiate directly with prosecutors, presenting mitigating information (such as lack of prior record, completion of counseling, or evidence of false allegations) to persuade them a trial is not in the public interest.

With prompt action—hiring counsel immediately after contact with police and beginning an independent investigation—many domestic violence clients secure complete dismissals or have their charges reduced to a non‐violent, non‐recordable offense. The sooner you consult an attorney, the stronger your chances of having the charges dropped.

Need Some Guidance?

If you have any further questions about our process for defending violent crimes (have a look at our FAQs) or need something case specific, feel free to reach out. I am always happy to review a case and give you honest feedback on where you stand and how it should be addressed. I handle cases out of the following North Carolina areas: All of Pender County (Hampstead, Topsail, Burgaw, Surf City, Atkinson) and New Hanover (Wilmington, Wrightsville Beach, Carolina Beach, Ogden, Monkey Junction).