simple assault charge nc
Thank you. The NC Court of Appeals has addressed the issue on more than one occasion. Therefore, it is critical that you understand the different types of assault, and how engaging in a fight or injuring someone on purpose could affect you the rest of your life. Sounds like you really need an expunction to get this off your record. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. Deal was plead guilty and no prison time or probation. Thus far would I be correct to say that I can apply for all the dismissals to be expunged (in the appropriate county)?!? First time dismissals were eligible even under the old law. It does not matter if the act was intended as actual threat or just for fun. But I took a plea for Crime Against Nature. Is this elegible for expungement or motion for apropriate relief? Also, I have several speeding tickets that were dismssed for improper equipment. If rejected, where in the process would this most likely occur? Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. DWI convictions have never been eligible for expunction. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. It was dismissed but still on my record. What are the steps if I am eligible for an expungement. (3) Would getting this expunged require any in-person court appearances in Orange County? Our attorneys represent clients in the following areas: Our criminal defense attorneys are able to represent you for a variety of charges, including: If you have been charged in an assault related crime, then our Raleigh criminal attorneys are ready to serve you. Would she be a candidate for getting it expunged from her record? Guilford It can be difficult to determine whether there is a distinct interruption between alleged assaults. Additionally, any email sent to Kirk, Kirk, Howell, Cutler & Thomas, L.L.P. If the offense of assault was before the person turned 18 they have an opening under G.S. You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. If you want to push for a change, you may want to contact your local representative as the NC legislature has been expanding expunction laws the last few years. 2. I was told to go to the magistrates office early Monday morning. It really depends. In general, you will face a Class 1 misdemeanor charge that carries up to 12 months in jail. I would very much like to discuss having my record expunged. If the defendant was under age 18 at the time of the offense the wait period remains at 2 years. Yes this just happened on Feb. 25th. The new law reduces the wait period to expunge Class H and Class I felonies from 15 years to 10 years after probation is complete. What county is this from? Bottom line- talk to a local attorney in the county where the charge occurred about maybe filing 10 years after the conviction date versus probation termination date. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. no other convictions Are there specific forms you might recommend that I can use to eliminate this from my record? Felony- lower class Multiple convictions from different incidents creates major issues. at 919-683-9500 or send a message online with your legal questions. Would I be eligible under the new law and is it five years from conviction date or completion of probation? He will listen to you and is so very supportive. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. I was charged with simple affrary one year ago. 2003 and received 3 yrs probation. Because I was living in the house, and on probation from the 2010 conviction, a big deal was made of the situation. Can I get the resisting arrest expunged now? Crime against nature under N.C.G.S. Wake County. Felony larceny dismissed. If it is a Class H or Class I felony then it should be eligible. 14-33 Assault on Female. The new law has a 5 year wait period assuming you have no other convictions. 1. Under the new law multiple dismissals are certainly eligible. I was at a house party and went into a room and took a laptop. The judge put In my file not a threat to the person I assaulted. Asked him about and expungement, he stated I wasnt eligible because of my age. You would need to speak with a local attorney about having the case reopened and dismissed. I was not arrested for this incident . I received a flee to elude felony class H conviction at 18. Ive gone from Manager to welfare because of this. I know that the dv charges are not eligible for expungment. Where do I get the form?. I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. These are all classified as Class 2 misdemeanors: This may be the threat of physical harm to another person or physical contact that does not necessarily result in injury. After an expungement are u eligible to get firearm rights restored? The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. It was in my car, I stayed in jail for 7 months. Class E felony convictions are simply not eligible. It was my belief, and my parents (whose attorney in Charlotte handled my case and has since passed away) that my record would be completely wiped clean after a year. 04/07/2002 Obtain property by false pretense by writing a worthless check. Hi Jason. 5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. Verbal and written threats will contribute to the charge. I have a PJC for assault on a female from 1998 which was dropped from a rape charge. Also when I went to the magistrates office, he stated that I had 2 other charges for worthless checks from 2009 and 2010 that I honestly had no clue and still dont have a clue about. Hi Jason, 21 when I was convicted. If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge. What is a Criminal Summons in North Carolina? When can a person be charged with this type of crime? Contact an attorney where the charges originated to see if you have any immediate options. What can I do? However, there are circumstances in which a Raleigh assault lawyer will be able to negotiate with the DA in advance to allow for an expungement at the conclusion of a deferral agreement. You could always try and file- the worst thing that can happen is the Judge refuses to sign. One. Booking Number: SCD38MW03012023 Booking Date: 3/1/2023 Age: 38 Gender: M Race: WHITE Height: 6' 00" Weight: 170 Views: 1 Charges: Charge Code: 14-33 (A)|1368|2 Charge Description: SIMPLE ASSAULT Bond Amount: $1,000.00 can refer to a single punch;but,it also can cover allegations involving multiple thrown punches in a single fight andstill be properly prosecuted as a single assault. Simple assault is a class 2 misdemeanor in North Carolina and carries the potential for up to 30 days in jail for the first offense and up to 60 days in jail for a second or subsequent offense. The charges were dismissed. It is unbelievable to me that the Felony expungements are only for Class H & I felonies. . Would the new law allow me to successfully have the arrest cleared? I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. Simple assault is the least serious assault charge in North Carolina. Plus other felonies. the DA at 1st wanted to meet but they swore in a new DA and i was told it wouldnt look good on him if he said yes to expungment to all the checksthats what my attorney told me the end.. That being said I only handle cases in Union and Mecklenburg County. 1. The NC SBI is based in Raleigh. I had a misdemeanor larceny charge in 1998 then another in 2014. No other charges other than a dismissed trespassing on school property from 2007 for playing soccer after dark Case not dismissed, pled "no contest". Obtaining property under false pretense. Unfortunately, all my legal problems came to be when I became addicted to opiates after going through a appendicitis that ruptured from gain-green infection! On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. The assault on a female 4/07/2006 and the other DV Protective order violation 11/30/2006 were dismissed . I am charged with a misdeameanor. It is only once. You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. I am now disabled, and can't travel to appear there in court. I am 44 years of age. 4 months later in 2013 pled no contest to misdemeanor larceny. Wendell Law Office (919) 365-6000. 1. Thank you in advance! You should speak with an attorney where the charges originated to determine what options you have at this point. You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. Can my felony and misdemeanor be expunged? As I told him when we left the court room that morning David, you have changed my life forever. several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? When a record is expunged the charge will be removed from your official State criminal record. VD = Voluntary dismissed. If you were under 18 when charged it may be possible. As options vary by county you should rely on the advice of local attorneys on what the legal options actually include. Thanks! But if a male assaults a female, he is charged with a higher level crime. But is this reduced charge considered as a dismissal? Domestic Violence Charges and What You Need to Know. Will I be eligible for a expungement after Dec. 1st. Are You Eligible for an Expungement in Charlotte? You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. Both were at the same time 11/2009. It's my understanding I have to wait 10 years after probation ended. I'm wondering if there's any chance of this being dismissed? You should be eligible if that is your only conviction and you meet the time requirement. For Class F and Class H felony assault cases, the possible sentences may be: (NOTE: Nine months of post-supervision release must be added to the end number for each of these sentencing ranges). These are my 6 felonies i got at 16 years old, 1)Violate Regulate Controlled Substance Act [Attempted], 2)Common Law Robbery [Attempted], 3)Posses With Intent to Sell Schedule IV In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. For criminal cases there may even be an outstanding. We (my daughter, myself, the girl she fought, and the girl's mother) went to court for mediation where they admitted they fought and they had to sign a letter stating they wouldn't fight in school again. I have no inside information when new forms will be released. Prosecutors do not have to prove someone was harmed to convict you of simple assault. 2. 2 were dismissed, 2 resulted in conviction. I would say you are looking at a 10 year wait period from when probation ends. Simple assault is a Class 2 misdemeanor. To expunge a felony conviction you can't have any other convictions. So even if the victim wants the charges dropped, she does not get to make that decision. Unfortunately Class A1 convictions are generally not eligible for expunction in NC. What would you say about this one? What county were these convictions from? I plead guilty to two class F felonies and two class I felonies 18yrs ago. Lastly, can you please tell me exactly what form I need to fill out to start expunction, do I need to start process after court date and case is completely dismissed or can I file right away, and does this attorney that is currently representing have to sign any papers. Is there any case or situation where the ten year time period may be excused? Charged with two counts of involuntary manslaughter but found guilty at trial to two counts misdemeanor death by motor vehicle. You would probably be using N.C.G.S. Hopefully I never need his services Aggravated misdemeanor forms of Assault, Assault and Battery, or Affray (public fighting). The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. I suspect the rationale is DWI convictions should always be considered by the DMV. I pled guilty to unauthorized use of a vehicle. Can she get this expunged? Would I still be eligible for expungement despite that worthless check? If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. Is it possible to get this expunged? I was convicted of a misdemeanor larceny charge March 2003 and a employment security violation charge in September 2003. Contact an attorney in that county to confirm your options and local procedure. Infractions generally are not eligible and misdemeanors after age 21 usually have a 5 year wait period for convictions. His passion for his work and in helping others shines. I bumped a vehicle there was no damage and took off someone reported it. I would recommend contacting an attorney in Iredell now to line things up. The solution may be to see if you can go back and convince the DA to re-open and dismiss the worthless check charge. Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. Along with the 287 form, could you tell me which other forms I would need? I have 5 misdemeanor charges ranging from 2005 - 2016. Are there any fees when filing as I would like to do all the paperwork myself. Bottom line- you may not have any options besides reaching out to an attorney in Harnett County to see if anything can be done about that conviction. Convictions involving violence such as assault are not eligible. I was charged with fictitious information to an officer 5 years ago. I was able to get the arrest expunged in 2012. They represented me in Court and by midday on the Court date, I have a felony conviction of posses schedule VI (principal) in 1994. The crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer. Could I apply for removal of the felonies. Dewey P. Brinkley is a former Wake County Assistant District Attorney. Once the charge is dismissed you can immediately file for an expunction. How would I go about getting a 14.00 bad check dismissed place is closed parents are dead no witnesses WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. First charge. Simple assault and battery are usually charged as misdemeanors, but they can be bumped up to felonies in some cases. Your comment will be posted after it is approved. in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. 4) Prayer for Judgment Continued "PJC", If I wasn't a minor can you get a Drug charge expunged even tho it's been almost 20 some odds years and never had any more charges of any sort at all. There is no AOC form for the affidavit- you will have to create your own or use an attorney. 1997 was 17 years old . Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. You should be able to proceed immediately with your dismissed charges in Durham County. Will I be eligible for expungement? I was 17 at the time and its really hindering my ability to get a decent job. The charge was in Alexander county if that makes a difference. You will be under the new law, which just happens to go into effect tomorrow. CLASS F FELONY. Not all violent crimes in North Carolina involve actual acts of physical violence. 15A-145- forms are about to be updated for the law change effective December 1. They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. Did you plead guilty to disorderly conduct in 2014? To expunge a dismissal you can't have any felony convictions. My son has a Class I felony crimes against nature conviction. Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. He is now 25 and has no other brushes with the law.. Lets start exploring some of the various types of misdemeanor assault in North Carolina. Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. How many changes can you expunged at one time. You would need to reach out to an attorney in that county to determine your options as that is where anything would have to be filed. No trouble since then. there was a poss of cocaine charged that was dropped. The NC criminal laws (defense lawyers may refer to that as the General Statutes) do not provide a statutory definition of what is assault in North Carolina. I got convicted of Communicating Threat back in 1999. I was 21 at the time of the charge and it's been over 5 years since disposition in court. 06/16/2001 Simple Assault Our lawyers help clients throughout Wake County, including students attending such area schools as William Peace University, Wake Technical Community College (Wake Tech), the University of North Carolina at Chapel Hill (UNC), Shaw University, Meredith College, North Carolina State University, and Duke University. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. 2. I got a Misdemeanor Larceny when I was 28 back 2015 Can it be expunged now and how if so how much will it cost? I was convicted of common law robbery in 2014, I was 20 when convicted, I served my time and completed my post release probation, is it possible to get my record expunged.? I received a misdemeanor paraphernalia charge in 2014. Very efficient service. From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. again but if I am in a similar predicament I would most definitely hire David again. Was the assault charge dismissed or were you convicted? For self defense to exist, the defendant must prove the defense was necessary, they were not the aggressor and the use of force was proportionate to the situation. We fight for the best possible outcome in every case. If you were able to do that then you could probably get everything expunged. 3. You should consult an attorney for advice regarding your own individual situation. Willing to try anything. The information you obtain at this website is not, nor is it intended to be, legal advice. All misdemeanors: B&E - dismissed by the DA, Possession of Marijuana - dismissed after community service was completed, Possession of Marijuana - dismissed with 90/96, 2 assault on a female - dismissed by the DA, and simple assault dismissed by the DA.
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