simple assault charge nc

What would be the charges? Due to this, there can be confusion on what those charges actually mean. It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. He may want to contact an attorney in Virginia first to see if that alcohol charge can be expunged there first. The assault on a female 4/07/2006 and the other DV Protective order violation 11/30/2006 were dismissed . I don't have any advice for a Class G conviction other than to talk to an attorney in the county where the charge originated to see if anything can be done such as a Motion for Appropriate Relief to reopen the case and get a better outcome. I was only convicted of the hit/run when there was absolutely NO evidence against me. I was given a court appointed lawyer on the first court date. Also, 16 years ago I was convicted of a Class G felony for drugs. I went to parenting classes, completed probation, have been in no further trouble. Simple assault is the least serious assault charge in North Carolina. Is there a way to have the conviction expunged or dropped to a misdemeanor? What county is this conviction from? Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. I was 18. To. We are trying to get 4 charges expunged. I would not be able to comment on paperwork without seeing it. 285PA20 / 2021-NCSC-124 October 29, 2021). You will be under the new law, which just happens to go into effect tomorrow. I caught a cocaine charge in 1993, it wasnt even a gram. As part of the same initiative, House Bill 280. , which goes into effect on December 1, 2019, raises the minimum age to be charged as an adult to age 18 for most non-violent offenses. I've briefly spoken with an attorney on the phone (I'm guessing he didn't have time available to meet with us), but he said he would appear on her behalf and go for a deferred prosecution or have it continued depending on the judge that was residing. It shows up on background checks as CLASS H felony. Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. Thank you for answering questions. If the two convictions were from different incidents and not handled in the same term of court then I think you need to go back and have one case re-opened and dismissed to clear everything. Copyright 2017 - 2023 by Coolidge Law Firm | That being said, the wait period is likely to grow now that more people will be eligible. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. What kinds of punishments can an alleged offender be sentenced to? That is why she had the protective order. 2. What if you were convicted with one misdemeanor of possession but were charged with 3 counts of misdemeanor possession 2 counts of evading 1 count of misdeanor poss of malt bev and 2 counts of poss of parafanalia, do you think I could get my record expunged? Cheryl Swink Wright, 45 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 100-BLK Elizabeth Ave, Lincolnton. If you want to change the record from guilty to dismissed in the interim that may be possible with a MAR or Motion for Appropriate Relief, but will likely require an attorney and cooperation from the DA and Judge. Thank you. I got a certificate of relief. Although there can be two distinct offenses, the phrase is appropriate to use when assault and battery are fused together. I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. 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. I took a plea deal pleading to one count of felony breaking and entering my question or comment would be if after I have fulfilled all probation restitution etc and receive no more convictions over the course of the mandated 10 years is this charge eligible for expungement? I pled guilty on1/03/2008 to the following: Where do I get the form?. I was 21 at the time of the offense. Did his offense involve violence? I had that expunged about 3 years ago. Simple assault is a Class 2 misdemeanor. I received probation and a 250 dollar fine. Convictions for assault are not eligible if they occurred after age 18. That charge was dismissed as well. 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. Including going to a extensive rehabilitation period where I went to detox first, then to a three month Christian based (work camp) rehab, next to a half-way house in Wilmington NC for five years, & lastly worked at Wilmington Treatment Center as a admissions & substance abuse counselor. I was able to get the arrest expunged in 2012. Dismissals are always eligible under the new law. Multiple felony convictions from different incidents usually make you ineligible for any expunction. I have printed my petition for expungment as from what I have read I qualify to try for it. I have a misdeamnor larceny from 2008. Now, it's been 3 years and it's becoming a headache trying to get better higher paying jobs, I'm just wondering if it's possible I can get this expunged before 5 years? Charges were back in 2018, disposition was 2019. You would need to speak with a local attorney to see if anything can be done. How can I determine class? Also a Felony B&E. I was convicted of class H felony larceny in 2006, with a prior misdemeanor larceny as well as a few prior simple possession charges, would I still be eligible for expunction? I really dont want to pursue this anymore . Convictions involving violence are simply not eligible per statute. If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. I've since had a DWI charge that was dropped. To expunge a felony conviction you can't have any other convictions. Wake County. At age 17 I was convicted of felony B&E&L. Thank you for replying. Because the person they said I conspired with got off with my plea. I was 20 when charged with Felony Possession of marijuana with intent to sell. I had a larceny case that was dismissed due to a misunderstanding. A conviction for simple assault can result in a fine of up to $1,000 and up to 30 days of jail time or community punishment for a first offense. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Older DWI's can still be considered by the court as a regular aggravating factor. (2) How do I know which, if any, state or local agencies have a copy of the case record other than Chapel Hill PD? What county was this from? Is there absolutely no way to get this expunged? You can't expunge a charge until it has been handled. I got a few charges back in January of 2015. 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. And will it be free or have a fee? Dare County including Avon, Buxton, Duck, Frisco, Hatteras, Kill Devil Hills, Kitty Hawk, Manteo, Nags Head, Rodanthe, Southern Shores, and Wanchese; Hertford County including Ahoskie; Hyde County including Ocracoke; and Tyrrell County including Columbia. Is there anyway to get the first felony expunged and then the second reopened and either reduced to a misdemeanor or dismissed due to circumstances and then third reopened and dismissed because of the outcome of the second? Would having an attorney be better in the process here? Does the defendant have any other convictions? gave me the fees straight out on the letter including court costs. It may be possible depending on the facts of the case after a 10 year wait period. Can I also get this expunged under the new law? ), Assault on a child under age 12 (assault is committed by an adult), Assault on a government official while the official is discharging his duties, Assault on a school employee or volunteer while the employee or volunteer is discharging her duties, Assault inflicting serious injury (but not serious bodily injury). The North Carolina Supreme Court opines assault is necessarily a broad concept that may include more than one contact with the victim. A Class A1 misdemeanor assault with a deadly weapon crime is punishable by up to 60 days in jail for a first offense and up to 150 days in jail if the accused has prior convictions. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. No other convictions since. Hi. I haven't been in any trouble before nor after this charge. Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation. Very efficient service. That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. I bumped a vehicle there was no damage and took off someone reported it. For certain felony drug convictions that occur before age 22 there is a one (1) year wait period. I believe it was pjc or 90 96 or a similar program. Consent the victim approved of the action prior to the act. For a North Carolina criminal record check any misdemeanor or felony charge will appear. Would I be elegible for expungement of this dismissed charge? Thank you in advance for any information you can assist with me with! License. He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. I was charged and convicted of FELONY EVADE AND ELUDE (class H) in 2012. If I had a Felony Conspiracy to common law robbery(class h) from 2009. My son has a Class I felony crimes against nature conviction. Just asking for a dismissal may not work. Penalties for simple assault and battery can include jail time, probation, community service, and fines. You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. What form do I use to start the process? Not all violent crimes in North Carolina involve actual acts of physical violence. Felony convictions wait period reduced from 15 years to 10 years. Hello Mr. Witt, There is a very thin line between giving advice on how to fill out forms to be filed with the court and providing legal advice. it has been at least 7 years since the charge. My cousin got 2 class A misdemeanor drug paraphernalia convictions (the same incident) about 15 years ago in Salisbury, NC 3 years a drunk in public in Virginia, can he get the drug record expunge? Is it possible that i reopen the case and fo for a not fuilty plea. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. 1. You would need to determine exactly what Class felony of which you were convicted . If the worthless check resulted in a conviction that likely is a problem. Any dismissed case is eligible for expunction assuming you have no felony convictions. There is no wait period for dismissals or findings of not-guilty. Are there any fees when filing as I would like to do all the paperwork myself. she never showed up for court and they charged me even thought she assaulted me. 336-379-0539. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. When did probation end? [Marijuana],4) B&E Vehicles[Principal],5)B&E Vehicles[Principal]. North Carolina vs. Floyd, 369 NC 329 (2016). I really felt, and still do, that he really cared about helping me. I was charged with assault and battery in 2008 ( which has kept me from getting hired from several jobs)but under the new law I won't have to wait the 15 years to have it expunged from my record..correct? I was even able to reach (a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor. What county is this conviction from? Call us today at 980-272-8438. The courts clerk's make it very hard to,find yourself. Getting charges sealed or obtaining a pardon are both very difficult and rare- you would need to speak with a local attorney where the charge originated. Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. Not-guilty outcomes also have no charge. Had charges misdemeanors non violent over 10 years ago. If so, what? Can I have that removed? Both charges will certainly appear on your record. I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. David Coolidge is a wonderful attorney! Restoration of firearms rights is not in my area of expertise, but take a look at NCGS 14-415.4. Never had someone try and expunge a speeding charge before, mainly because under the old law you were only granted 1 per lifetime and nobody would dare waste it on a speeding ticket. Does this method clear out the arrest records I been charged with things that got dismissed and dropped to lesser charges do I file for those too. Is it worth getting my recorded cleared? That being said, you could always list the extra charge and see if a Judge will sign off on it. Yes. I got convicted of Communicating Threat back in 1999. Also can I get all these removed all at once?). If yes is there a waiting period? Only lower level Class H and Class I felony convictions are eligible. You really need to reach out to an attorney in the county of the charge to discuss your options as the local DA will likely determine those options. It should be eligible if no other convictions other than traffic offenses. Am I able to file the petition now or shall I wait till 5/6/18. From the inception of a DWI I had the arresting officer lie on my report. Now today (October 6, 2022) am I eligible for expungement. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. We fight for the best possible outcome in every case. How many years ago was the conviction? The rationale seems odd and incongruent with a 7 year look back period. It can take up to 12 months to remove a charge from a criminal record in NC. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. ). There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. can he hire a lawyer to take it before a judge or DA. That being said you have to choose the best statute to proceed under, choose the correct AOC form, fill it out correctly, and likely attend Court at least once and maybe twice. I suspect the rationale is DWI convictions should always be considered by the DMV. A deferral program will have costs associated with any recommended treatment or community service requirements. 14-33 Assault on Female. (2007) Will I be able to get that expunged? Case is pending. A PJC is treated just like a conviction for expunction purposes. You would likely have to get the new conviction re-opened and dismissed first. You could always try and file- the worst thing that can happen is the Judge refuses to sign. 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. Raleigh, with a population of about 470,000 people, saw 49 homicide deaths, compared with 33 in 2021. I'm 21. 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. Verbal and No touch crime is not considered battery just assault. 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. What was the actual charge? What was the 1981 conviction? Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. Nothing since then. Since then have went to college and received BS in criminal justice and BA in sociology but with the domestic violence charged have been unable to work with corrections because legally can't get gun permit with domestic violence charge. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. Can someone get both expunged, if it was over 20 years ago? Reading and researching it states that I am. Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. She is an indigent and now does not qualify for housing assistance. Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. Can I have my record expunged early? Many employers will hold that against you (especially since deferred prosecution means you admitted guilt) until it is removed from your criminal history. To expunge a dismissal you can't have any felony convictions. I believe it could, although I have never encountered that scenario. Unfortunately you may not be able to expunge anything, because the AOC form to expunge dismissals requires you to certify you have no felony convictions. I just recall that in 2008 this was VD in durham county and it was expunged so that it would not show up on background check. ; menu. I have a PJC for assault on a female from 1998 which was dropped from a rape charge. Assault and Battery Battery is the actual physical contact with another person. Hi I was charged with a infraction and resisting arrest this was about 2 years ago. Did you not have a lawyer originally on this case? If she was under age 18 when charged and has no other convictions it should be possible under 15A-145(a). I researched and seen that I need form AOC-CR-264 but it isnt available on the nccourts website. My husband had a conspiracy to commit assault. WebA simple assault, assault and battery, or affray, charge in North Carolina is one that does not have any aggravating circumstances, such as an incident resulting in serious bodily injury or the use of a firearm. You should be eligible if no other convictions of any kind other than traffic offenses. Is it difficult to have a case reopened and then dismissed by the DA? why do they make it difficult. I wanted to see how can i get these expunged. Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff. The answer is it depends. 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. I want to go the route that erases this totally from my record and can I do this without a attorney or do I need one ? No idea what they were. Attorney fess vary greatly by county for most things. That being said you should confirm with an attorney in Wake County as the details on the resisting charge may play a role in eligibility. I would appreciate any information. Why not file for expugement as you never know if that will be a deciding factor? If both of these elements were present, it would be a Class C felony. Is this something that is eligible for expungment? 1997 was 17 years old . Did you not hire a lawyer at the time- seems like you should have been able to get everything dismissed at that time with a drug class or something. I have three posses marijuana charges and two drug paraphernalia charges. Were they two separate convictions from different incidents? Will I be eligible for expungement? He's very thorough and efficient. The NC Court of Appeals has addressed the issue on more than one occasion. Can anything be done with those? I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. I'm just venting - realize nothing you can do about it. I simply do not handle appeals. Ultimate rejection occurs when the Judge refuses to sign off on the Order. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. Both convictions in 2003. RESTORATION OF FIREARM RIGHTS. I had a misdemeanor-injury to personal property dismissed about a year ago. I was giving probation and completed and have not been in any trouble prior or since. I was told I couldn't get it sealed or espunged bc is two convictions is that true? There are three different types of assault crimes listed under North Carolina General Statute 14-33. Is it possible to have those records sealed because it's keeping me from getting jobs???? Domestic violence can also be charged as assault with a deadly weapon, which can be a misdemeanor or felony. You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. , 158 NC App 105 (2005), the Defendant accused of two counts of assault that took place at distinct times, resulting in distinct injuries to different parts of the body of the victim, could be convicted of two counts of assault. Take a look at the newly created AOC-CR-287 for dismissed charges. Thanks, Jerry. Talk to an attorney in the county of the convictions to see if you have any options. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. I was charged with breaking or entering, assault with serious bodily injury in 2011. You should be eligible under the new law if the case was dismissed. Well got convicted with no fair trial sentenced to 10yrs in prison got out in 2yrs on probation for 2yrs intensive.everything over 15yrs done in process was in prison for 6mths 4yrs after for speeding and no license which was still part of the feliny drug charge in 90 also was charged with aditional drug charge some how while was doing 6mths behind bars was no where near place but its on my record in 94 so how do i.get these.charges expunged in state of north carolina ??? Thank you. Eligibility to expunge up to Three Non-Violent Felony convictionsafter a 20 year wait period if all occurred within the same 24 month period. 2 DV protective order. All charges were dismissed. How old were you when charged? She has mental issues that are believed to have caused her to not be able to contribute to her legal defense. Can I have this charge expunged? Is there anyway I can get my record expunged? (a) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means is guilty of the Class A1 misdemeanor of child abuse. You would be facing an uphill battle on that one especially if the victim objected. Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! 1. Procedure varies by county. These types of offenses can often stem from police misunderstanding certain situations and simply pressing charges based on initial observations or just one partys version of events. Depending on the charge, the new expungement law stipulates wait periods ranging from 12 months to 10 years for those under age 22 at the time of the conviction. For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. I was told that all my charges would be dismissed after completing probation and paying my fines. So are you saying I need to just ask for a dismissal and not pay the fines. It was a crime committed before 18 years of age and am currently 24 years old. Do you have any other convictions besides driving offenses? It was in Northampton County, looking for advice on the matter. There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense. note: I Also have three other convictions from 2013 but they were guilty verdicts not prayer for judgement. It doesn't matter that I completed my probation without it being revoked, paid all my restitution/court costs, & lastly have not been charged with ANY more charges since!?! I paid 20k in restitution and 200ish hours in community service which was completed in 2010. As I told him when we left the court room that morning David, you have changed my life forever. I paid a fine and that was it in 2008 can I get it expunged ?? I know that the new laws have changed a lot in the last few years, but I was wondering if there's any chance of an getting in expunged? My daughter is now 24 and every job she applies for when the background check comes up it finds a misdemeanor assault charge from 2010 (the high school fight at 16). Once signed your local county may immediately destroy the file held at the Courthouse. Convictions fees vary from $0 to $175 depending on the statute that applies. In North Carolina, assault is broad category that encompasses many, many different criminal charges. These are H & I felonies. I have never heard of someone trying to expunge an infraction. Under the new law can have these expunged? Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. If it matters I was well over 21 at the time of both arrests. Although an expunction should remove the charge from your official State record there are private databases that may still retain data even for expunged records. Thank you for any information you can give me. What was the outcome of the charges? Will he be eligible to have the charge expunged in North Carolina? I plead guilty to two class F felonies and two class I felonies 18yrs ago. Booking Number: 44296. There is no waiting period to expunge a dismissal. Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. My daughter is 17 and was recently charged with misdemeanor larceny for 5.96 from a Goodwill store. There is no specific crime of domestic violence in our state. I was told i didnt have to show up for that. What was the actual conviction? Battery occurs when an assault is carried out and the person suffers physical contact, no matter how minor. Assault charges takes many forms in North Carolina. Nothing ever just falls off your record in NC due to age. My court appearance will take place on December. This was the first time I had ever been in trouble so I pleaded guilty. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. That being said, it will ultimately be up to your local judge as whether to grant or deny the request. I was arrested but not yet convicted . What constitutes a Distinct Interruption? Can me and my friend / wife / co-defendant hire the same lawyer? Will I be able to ever get it expunged? I wouldn't want to file the form that is currently available on their website as asks if you have previously expunged using NC-146 statute, as I have previously. Assuming no other prior convictions he should be eligible to file for expunction 10 years after any probation period was completed. 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.

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