simple assault charge nc

That being said, my understanding after speaking with the powers in Raleigh is that if you can convince a Judge to sign off on an expunction they will process it regardless of whether it meets the statutory requirements. To expunge the larceny by an employee dismissal you can't have any felony convictions. Thank you in advance! My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. You would need to speak to a local attorney to see if you have any other options. Also, I have several speeding tickets that were dismssed for improper equipment. Assault and Battery Charges. how long will it take to expunge? Am I eligible to have these expunged? He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. Are there specific forms you might recommend that I can use to eliminate this from my record? Simple assault is a Class 2 misdemeanor. Call Danny now to schedule your appointment. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. I asked for Deferred prosecution but I have no idea if I will still get a fine . Would that be a correct assessment? 5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. Ive did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. I was 24 then; I hadn't begun to consume alcohol until I was 26! I paid all of restitution 4,000 before probation. I was charged with filing a false police report .I asked for Deferred prosecution since I have never had any incidents . You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. I live in Hawaii now and am trying to get my long gun permit to hunt. Please contact me when you are available. I was 18. I was even able to reach Main concern is background checks for employment. My daughter had a fight at school in 2010 when she was 16. I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. I was convicted of felony b&e of a motor vehicle. Because the person they said I conspired with got off with my plea. Were you 21 or under when charged- that may trigger a shorter wait period. Under our states complicated sentencing system, your punishment will depend on a number of mitigating and aggravating factors, such as your prior criminal convictions, the age of the victim, and the seriousness of the injuries inflicted. What would you say about this one? You should be eligible as long as you have no felony convictions. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed. I want to know if I can get my record expunged was charged with a felony of assault in 2012 wanted to know what needs to be done in order for me to clear my record. This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. I was in my mid-twenties. Or with they always be up there? When I was 16, which was 2012, I committed a numerous amount of charges. You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed. I was convicted of poss cocaine 2008 class I ..and sell/ deliver schedule 1 2010 class G .I know you said multiple convictions is a problem ..if I was to erase cocaine charge could I come back later and erase schedule 1 charge even tho it's a class G. Class G felony convictions are simply not eligible per NC statute. The charge was dismissed but it still shows up on my criminal record. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. I am a two-time felony from 91 + 93 can this record be sealed. Im 38 yrs old, never in trouble before that or after. To only find out now that I can't get my two felonies expunged therefore I probably will never be able to return to the career that I loved with a passion;Teaching Middle & High School High-Risk Teenagers (so very disheartning)!! It does not matter if the act was intended as actual threat or just for fun. my husband got a felony lerceny charge in 2008 and done his time and has not got into trouble since but he cant get any good jobs because of this. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. Could I apply for removal of the felonies. The NCSC writes in North Carolina v. Dew (2021): The question of how to delineate between assaults to know where one assaultendsand another begins in order to determine whether the State may charge a defendant with multiple assaults is an issue of first impression in our court. Thank you Mr. Witt is it possible to tell me which other form I would need? 921 (a) (33) (2022).) It was my first and only charge, and was due to my child not being in a carseat a half mile from our home. the act does not exceed the level on consent the party giving consent intended, party/victim voluntarily engaged in the activity in which the defendant has been charged, party giving consent must be legally capable of doing so (mental impairment, age restrictions, etc. No other trouble ever. Thanks, Jerry. Reach out to an attorney where the charge occurred. Where do I get the form?. 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. This stopping me from getting employment. Was originally charged with causing an affray and misdemeanor simple assault. It is a Class 1 misdemeanor if a person commits an assault, assault and battery, or affray under the following circumstances: It is a Class A1 misdemeanor if a person commits an assault, assault and battery, or affray under the following circumstances: Assault by pointing a gun is a Class A1 misdemeanor. WebIf you are facing misdemeanor assault charges in North Carolina, or a more severe felony offense charge for assault with a deadly weapon, our Raleigh criminal defense attorney can help. Your options depend on how long ago this PJC was given or whether you can have the PJC converted to a dismissal. My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. What county is this charge from? I lived in Georgia at the time. Some of the possible defenses that may be used against assault charges include, but are not limited to: Have you been charged with committing one of these types of crimes in North Carolina? I had a misdemeanor larceny charge in 1998 then another in 2014. You would need to determine exactly what Class felony of which you were convicted . Will the DA tell me what form I need? they said i am qualified for the possession to get expunged ,,,,,,, the 30 year old misdomeaner for the 14.00 check i dont care about what should i do?? Can I get these charges expunged, and what form do I use to expunge these charges? Multiple unrelated felony convictions are usually not eligible, but you should consult with a local attorney about other options such as a MAR on one of the charges. Is the second arrest eligible for expungement? Thanks! I was wondering if I would be able to receive and expungement i never been in trouble before. I really felt, and still do, that he really cared about helping me. 1. A year later in 2012 my charges were dismissed but Im just realizing now that the main veh/ cs was dropped to a misdemeanor but wasnt dismissed even though its the same case. I want to know will this stay on my record ? Would she be a candidate for getting it expunged from her record? You should be eligible on the damage to real property if no other convictions other than traffic violations. They occurred from 07-2010. 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. Here is more detail. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. Did the DA object? Thank you! Are you saying you were recently charged and the case is still pending? You were eligible to file the moment the charges were dismissed. Soi have more than a couple misdemeanor domestic violence charges. I met with a second attorney just to see what he thought.. thats when i found out they charged each check as a felony. but basically he was saying the same thing its a lot. Try contacting an attorney in Guildford county to see when you are eligible to file. Before sentencing I left and joined the military and have been serving for 18 years now. Age: Thank you in advance for any information you can assist with me with! Some jurisdictions include physical attacks as part of the assault. I am on unsupervised probation as of 8/14/18 for 1 year.. Do I have to wait until I finish probation to get the charges reopened? Sounds like he needs to speak with a different lawyer in the county where the felony occurred. Reach out to an attorney where the charges originated. Assault and Battery Battery is the actual physical contact with another person. No trouble since then. Private databases and internet mugshot websites may also keep otherwise destroyed data. You are likely looking at a 10 year wait period after probation ends. Only lower level Class H and Class I felony convictions are eligible for expunction in NC. Class H should qualify after a 10 year wait period under the new law. Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? You will need to check with a local attorney about your options as Class A1 convictions are generally not eligible for expunction. You would probably be using N.C.G.S. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Contact an attorney where the charge occurred to confirm all your options. Otherwise you would likely have to wait until December 1, 2017 to erase both charges. I believe the assault PJC would need to be changed to a dismissal to be eligible. I believe it was pjc or 90 96 or a similar program. 06/16/2001 Simple Assault If you have been charged with Simple Assault in Raleigh, North Carolina or the Wake County area make sure that you 1997 was 17 years old . Simple assault is the unlawful assaulting of another person and is the least serious assault crime that a person can be charged with. To be up after probation or does it start when the offense happened. I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. What constitutes simple assault is defined under common law. Is my case consided dismissed and eligible for an immediate expungement? If you have a prior conviction for this crime, the judge may sentence you to a maximum of 60 days in I was charged with Resisting Public Officer on 12/4/11, sentenced on 5/5/12 and was given 1 year supervised prob, if acted well and completed community service, last six months, unsupervised, which happened. Assault on a female is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. Class G felony convictions are generally not eligible, but you should contact local counsel to see if you have any options. Only 1 Faulty Equipment ticket since then. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that Thank you. eelony charges, just like misdemeanor charges stay on your record in NC. In North Carolina, simple assault is a misdemeanor. Both charges will certainly appear on your record. The Assam Rifles - Friends of the Hill People? I mean 30 years and being a model citizen with not even a traffic ticket? Talk to an attorney in the county where the convictions originated to sew how best to proceed.. Will either of them cause me to fail a background check for teaching licensure. I was charged with breaking and entering and larceny 6 years ago. They are reflected as pending charges.. The laws of North Carolina classify assaults as either misdemeanors or felonies, with the most basic charges being simple assault. You probably want to wait until all cases are dismissed so you only have to file one time. Thank you. What county was this from? Although there can be two distinct offenses, the phrase is appropriate to use when assault and battery are fused together. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. I have not been arrested since the 1995 misdemeanor conviction. Assault on a female occurs when a male who is 18 years old or older threatens imminent physical harm or has offensive physical contact with the victim. If you have been falsely charged with assault, assault with a deadly weapon or sexual assault, then our Raleigh criminal lawyers are only a call away. Can't remember , but what if I did plead guilty ? Sounds like you really need an expunction to get this off your record. The State concedes such at the appellate level in North Carolina vs. Jeremy Wade Dew, No. Do you have multiple convictions in different years- 2012 and 2017? Trying to get a non violent felony expunged bit the 14.oo bad check 30 years ago that I paid for is in the way. The attorney states he is very confident this case will be dismissed. I recently received a misdemeanor charge for carrying a concealed weapon (forgot I had a bowie knife in my bookbag) and marijuana paraphanelia. What are the steps if I am eligible for an expungement. You should also speak to the clerks at the courthouse about local procedure. I was thinking it would be the 266 form since I was 20 at the time back in 2011. There is a 10 year wait period to remove felony convictions. There is no AOC form for the affidavit- you will have to create your own or use an attorney. If it is a Class H or Class I felony then it should be eligible. That being said, it may be possible to change the PJC into a dismissal or not guilty. Also, I think I should note that these charges stem from two arrest, not four separate arrest. 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. Good evening, David immediately showed his support and listened with an empathetic ear.

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