simple assault charge nc simple assault charge nc

What are my options to get this expunged? What kinds of punishments can an alleged offender be sentenced to? Im 38 yrs old, never in trouble before that or after. 19 W. Hargett St., Suite 400, Raleigh, NC 27601. I was told I couldn't get it sealed or espunged bc is two convictions is that true? speeding to elude arrest 4-7-09. 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. I was 21 at the time of the charge and it's been over 5 years since disposition in court. Your only remedy at this point may be a pardon from the governor. There is no specific crime of domestic violence in our state. 04/07/2002 Obtain Property by false pretense by writing a worthless check How long would it take? You should be eligible as the driving offense is not a disqualifier. 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. The charges were in Rutherford county North Carolina. Thanks in advance! This myth may originate from laws in other states, but does not apply in North Carolina. a friend of mine was convicted of a breaking entering felony around 30 years ago he wants to get his record expunged but was told that he could not because it was a felony under statute 15a 145.5 and that section 14-54(a) of that law prevents removal of the infraction. I would certainly recommend hiring an attorney. Any error can lead to a major delay, in an already lengthy process. I have been to clerk of courts office in yhat county to get tecord and they cannot find it, but it does show up occassionally, which is weird. It was in Northampton County, looking for advice on the matter. Can I get it expunged and what AOC would I need? Thank you for answering questions. I was convicted of felony b&e of a motor vehicle. Trying to go back and undue a guilty plea to a felony is not going to be easy. Expunctions are county specific so you would need to file petitions in both Mecklenburg County and Stanly County. I was convicted of concealment of goods (roughly $8.00) im not sure if the verbiage is correct there, but i believe it was shoplifting never the less. I was convicted of B.E and B.E. Other Distinct Interruptions may include a change in location, an interruption resulting in a change in the attack momentum, or some other clear break that delineates the end of the first assault and the beginning of a second or other additional assault. You are likely looking at a 10 year wait period after probation ends. When can a person be charged with this type of crime? Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense. If she was under age 18 when charged and has no other convictions it should be possible under 15A-145(a). Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. Department of corrections told be I would be hired if I can get domestic violence charge taken care of they are not worried about the other charges. Ive gone from Manager to welfare because of this. WebSimple Assault/Assault and Battery Charge If the victim does not need medical attention for their injuries, and no aggravating factors are present, you will face simple assault I watched an NC murder trial, and the defendant who stabbed his wife 123 times got more respect from the judge than I received. This stopping me from getting employment. But I did not had conviction in durham. 2017. A PJC is treated just like a conviction for expunction purposes. Why not file for expugement as you never know if that will be a deciding factor? I was anxious and nervous about my case from the beginning. It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. Blacks Law Dictionary also refers to an assault as, popularly, any attack.. I was 17 years old. You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS 15A-145.5: How long do i have to wait to have it expunged? I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. I've since had a DWI charge that was dropped. There is no court filing fee unless the charges were dismissed pursuant to deferred prosecution. Under the new law there are no restrictions for dismissals. why do they make it difficult. You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. Where do I get the form?. Would she be a candidate for getting it expunged from her record? ; menu. The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. Convictions fees vary from $0 to $175 depending on the statute that applies. What county are these charges from? Also assault (husband and I) the assault was dismissed. I believe it could, although I have never encountered that scenario. You should be eligible if that is your only conviction and you meet the time requirement. That means, for the State to prove someone guilty beyond a reasonable doubt, the prosecutor bears the burden of proof to show the person accused of criminal wrongdoing is guilty of theunderlyingcrime of criminal assault. Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal. The term assault applies to a variety of charges, classes, and degrees. Placed on 30 months probation. 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. I read and hear that expunge cannot happen twice. I was 40, and got a a misdemeanor larceny in catawba. Fees vary by attorney and county, but that seems a little high especially from the attorney who represented you on the underlying case and already has an open file with all the necessary information. I paid 20k in restitution and 200ish hours in community service which was completed in 2010. Patrick Megaro billed himself and his firm as the Appeal Law Group and took his huckstering ways on the road, from state to state, locale, Below is the statement the Memphis Police Department released about the beating of Tyre Nichols. Were you 21 or under when charged- that may trigger a shorter wait period. I had no lawyer because I was unaware of the affect that the charge would have on my record! That being said, perhaps you could ask an attorney in the county of the charge about reopening the case via a "MAR" or Motion for Appropriate Relief to see if it can be dismissed. We've been told before that it wasn't but I thought maybe with the new law it will be. I was not arrested for this incident . If you have are facing an assault charge in North Carolina, you should contact a criminal defense attorney immediately to discuss your options. Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. A good criminal lawyer can help you get your charges reduced or possibly even dropped altogether if the attorney has been given enough time and information to put together a compelling defense. Can those be expunged? Can I have this charge expunged? That being said, it is not a regular part of my practice so I am not the best person to give advice on that issue. You probably want to wait until all cases are dismissed so you only have to file one time. I was told that my charge would never be seen again after it go in the system?? what if you had 2 sets of misdemeanor convictions 5 years apart. can he hire a lawyer to take it before a judge or DA. What was the actual charge? In his frustration, he lit his bottle on fire and threw it away, causing the fire to break out. Dismissals are free to file. I am worried one stupid mistake may hurt my job chances? My court appearance will take place on December. Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. . They were both misdemeanors. Many "forms" or motions filed with the court impact the life and liberty of criminal defendants and children in custody cases. RESTORATION OF FIREARM RIGHTS. This happen in Harnett County. Please refrain from revealing your identify or specifics about any actual criminal case. These crimes are considered domestic violence when the assault is committed against certain individuals that the perpetrator has a personal relationship with. You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. I was charged with drinking under 21 and driving and was not charged with DWI since BAC was less than 0.08 and I didn't show signs of impairment. WebSimple assault is a misdemeanor offense in North Carolina. Class A1 convictions are not eligible, but if this person was sentenced under a Class 1 then it would seem to meet the definition of a non-violent misdemeanor. You could always try and file- the worst thing that can happen is the Judge refuses to sign. I was charged and pled guilty to a charge of leaving my child in the car while in the store, which they charged me with child abuse. WebAssault Charges Carry Harsh Penalties. If you are looking to learn about felony assault charges in North Carolina, check out our blog on felony assault in North Carolina here. This information does not infer or imply guilt of any actions or activity other than their arrest. Also is careless and reckless (dismissed) expungable? I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. Misdemeanor assault charges in North Carolina are: Assault with a deadly weapon committed with the intent to kill or cause serious bodily injury. Excellent Customer Service. I was charged with Class H Felony Identity theft in 2001. We provide a free consultation for OBX criminal charges. It shows up on background checks as CLASS H felony. 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. Does the DWI void any opp at expungement? I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. What county is this conviction from? There are three different types of assault crimes listed under North Carolina General Statute 14-33. 2 felonies dismissed in 2013. No trouble since then, thats the only thing on my record.. can it be expunged? I received a misdemeanor paraphernalia charge in 2014. When I was 16, which was 2012, I committed a numerous amount of charges. Convictions in NC involving violence that occur after age 18 generally are not eligible That being said you can always contact a local attorney to see if there is any way to reopen the case and get a dismissal. WebAssault by strangulation is a class H felony under North Carolina General Statute 14-32.4 (b). Can I get these expunged? Convictions for assault are not eligible if they occurred after age 18. I have a misdemeanor assault charge back in 1999. That's what my lawyer told me. What county is this charge from? They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.4.html, Here is a link to the AOC form PETITION AND ORDER FOR The result is automatically regarded as a sexual assault. What would be your fee to expunge ? Take a look at Form AOC-CR-281. It may be possible to go back and re-open the case to get a better outcome. First charge ever convicted in 2015. 5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation. If Class H embezzlement then it may be eligible depending on your age and the age of the conviction. I believe it took a year to process. What form do I use to start the process? That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. Simple possession of marijuana less than 1/2 ounce of conviction is holding me up on a job opportunity. If an application asks without qualifiers then I think you should disclose or risk them holding that against you. No other convictions except DWI in 2015 How old was the defendant at the time of the charge? Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff. Any question about the forms their answer is I can not give you legal advice. Given the 2 convictions occurred within 2 months of each other..what is process other? Can me and my friend / wife / co-defendant hire the same lawyer? In North Carolina, a deadly weapon is basically anything that could be used to kill someone. Dismissals are always eligible under the new law. I plead guilty to a misdemeanor larceny of $17.85 in 2015 I was 17, is it possible for me to get an expungement? Of all misdemeanor classifications, a Class A1 is the most serious. It was in my car, I stayed in jail for 7 months. F Maint/Dwell/plce/vhec Would I be eligible under the new law and is it five years from conviction date or completion of probation? I've read the statue, and it looks like my problem is I have a lot of other charges from the early 90's that I was convicted of. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. 1. Did you not have a lawyer originally on this case? I checked my record and believe the pjc had conditions that Im sure have been met by now. 3. It sounds like the lawyer you spoke with gave you good advice. No other charges other than a dismissed trespassing on school property from 2007 for playing soccer after dark I forgot to ask.. for the current misdemeanor charges.. Did you not have a lawyer- that type of charge can often be dismissed via community service. Is this eligible for an expungement? What county were they from? Having a proper legal representative I had 1 year of unsupervised probation. Will I be eligible at any point to have the FELONY expunged? He even answered a frantic call Sorry this is so long but I look forward to hearing from you soon :-). This is a Class E felony if there was a serious injury or the intent to kill. will expunging my non violent felony allow me to buy/own firearms legally again? I read this above: "For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period". Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. Official court records say dismissed without leave but there is still a notation of conviction. If found guilty, the defendant will be responsible for court costs and fines. I am now 31 and trying to see how I can get this expunged. Having this on my background has cost me my job. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. I had a misdemeanor larceny charge in 1998 then another in 2014. You may want to contact the SBI in Raleigh and get their opinion on the matter as that is where the application is sent before the Judge makes a decision.Most Judges seem to totally rely on the SBI position in deciding whether or not to sign off on the petition. Both charges were dismissed. I also had several charges dismissed. Ty for answering questions . 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? I have never had a charge before or after this one incident. What are the steps if I am eligible for an expungement. Here is more detail. This was my charges Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. If you were just convicted of a misdemeanor and have no other convictions you should be eligible. What do I need to do get this expunged? Thank you Mr. Witt is it possible to tell me which other form I would need? Mr. Can't remember , but what if I did plead guilty ? I am a resident of Tennessee, i was serving in the Marine Corps at the time. Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. Domestic Simple Assault in North Carolina. Even cases of so-called simple assault can still carry significant terms of imprisonment, and convictions can have extremely damaging long-term effects for alleged offenders. Thank you in advance for your help. Charges were back in 2018, disposition was 2019. Thanks a lot. Can I get this expunged or dismissal? 2. Do you have any other convictions of any kind? However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). I was charged with dui in 2004 and possession of marijuana in 2012. Crime against nature under N.C.G.S. If you were sentenced to 10 years in prison then it sounds like these were more serious felonies that would not be eligible. Any person who commits a simple assault, or a simple assault and battery, or participates in a simple affray (public fighting) is guilty of a Class 2 misdemeanor. Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. that's not fair. Does this mean it is expunged completely? The charges were dismissed. What can I do? Is that enough resonable doubt to have the other cases looked at, maybe reviewed, maybe something.??? It is a Class 2 misdemeanor. 1. Simple assault and battery are usually charged as misdemeanors, but they can be bumped up to felonies in some cases. Felon class H I filed assault charge on a friend of mine who punched me during an argument . Raleigh, NC 27612 or should I attempt to do it before probation is completed? I got a misdemeanor possession of marijuana charge less than a quarter abt 4grams in 2007 Mecklenburg Cty & took a class I was 33 then 2012 got another one in Rowan cty I was 37 it was less than a gram am I able to get these removed if so how much do you charge for the process please help desperate, The first one was when I took the class I think the other was I had to pay a fine, Would need to know the exact outcome for each case? If by removed you mean expunction that usually takes 9-12 months to finalize due to the backlog in Raleigh. If both of these elements were present, it would be a Class C felony. If you face assault charges on the Outer Banks of North Carolina, Danny Glover, Jr., is available for consultation.