made the ticket go away. You would need to speak to an attorney where these charges originated to see if you have any options. This is a Class E felony if there was a serious injury or the intent to kill. By January 10, he was dead. Welcome; About; Practice Areas. The event was 1999 but convicted 4 years later (probably not relevant). Not all violent crimes in North Carolina involve actual acts of physical violence. I have never had a charge before or after this one incident. 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. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. I was told I did not have to register as a sex offender but would like to clear my record if possible. What county were these convictions from? What is Simple Assault: Definition, Examples, Penalties - Lawrina Felony- lower class My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. My felony conviction date will reach its 10 year mark on 4/20/19. Would need a lot more information such as how long ago this conviction was and if you have any other convictions of any kind. I was charged with larency by employee which is a class h felony in 2009. Assault is a threat or use of force on another that causes that person to have a reasonable apprehension of immediate harmful or offensive contact. Under the new law, is the 15 year expungement no longer possible? The law reads like nothing can be done for a class F felony (A through G are considered "violent"). can i get these expunged? Also can I get all these removed all at once?). The petition must be filed in the county where the charge originated. If the defendant was under age 18 at the time of the offense the wait period remains at 2 years. (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP The crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer. Removing multiple convictions will not be so easy. You should be eligible on the felony dismissal. That being said, you can always reach out to a local attorney to see if you have any options to reopen a conviction. I wound up taking a plea bargain for possession. After conviction, this point is moot. In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. The court date for those are in March, the attorney told me to go to court ask them to dismiss them and pay the fine for them. I have no inside information when new forms will be released. You would need to speak with someone in that county to gauge your chances of reopening an old case. If Class H embezzlement then it may be eligible depending on your age and the age of the conviction. 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. Several forms were updated and/or eliminated in April, 2018. Regarding this attorney who says you can't expunge a dismissal due to your age- he is dead wrong- and I would recommend hiring a new attorney. You should reach out to a local attorney to see if you have any other options. After hearing our statements, The judge put on my ppw an said to me was not the aggressor does not have to take domestic violence classes but we still going to charge u with a simple assault an she was charged with the same except she had to take safe child classes. A simple assault conviction can also result in a loss of certain rights, such as the right to possess a firearm. Did you have an attorney when you filed before? The first felony would not be eligible due to subsequent convictions. I want to know will this stay on my record ? DWI's within the prior 7 years are a grossly aggravating factor. Depends on the Class level felony and if you have any other convictions of any kind. I have worthless checks on my background from 1987, 1988, 1995 and one in 2006 they are in two different counties nothing else. Is that enough resonable doubt to have the other cases looked at, maybe reviewed, maybe something.??? The North Carolina Supreme Court defines, generally, the common law offense of simple assault as an attempt or overt act or the unequivocal appearance of attempting, with violence and force, to do some form of immediate harm or injury to the person of another. In 2016 I was also arrested for DUI/Hit and Runanother complete misunderstanding. I have 2 simple assault cases that where dismissed can I have these expunged? Even if it is considered violent, my understanding is that if you can convince a Judge to sign the expunction that Raleigh will process it. If it is a Class H or Class I felony then it should be eligible. I had to pa a fine , do community sevice and 5 yrs probation. The NC Court of Appeals has addressed the issue on more than one occasion. They are reflected as pending charges.. You would need to have the case reopened. Placed on 30 months probation. You could try now, but technically you might have to wait until May. Multiple convictions from different incidents is a problem. Protecting your Privacy ~ Your privacy is our primary concern. Procedure varies by county. You would need to speak with someone in Wake county as that is where the petition would have to be filed. Only 1 Faulty Equipment ticket since then. I am so very concerned about this reflecting on my background check and having issues in the future. Is this eligible for an expungement? to have his record cleared ?? ), 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). 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. I was charged with simple affrary one year ago. Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. I would like to have this cleaned up any way possible. Can two separate Felonise they are over 35 years old and I have no convictions since then. Elements of the Criminal Offense. I plead guilty to two class F felonies and two class I felonies 18yrs ago. They are all misdemeanors.The 3 misdemeanors were in all 1 occurrence and they were in Mecklenburg County and the 1 was an assault charge that occurred in Stanly County in 2011 that was dismissed. The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. I have a simple assault and damage to personal property charge. Your only remedy at this point may be a pardon from the governor. Thank you very much! (a) Any person who commits a simple assault or a simple assault and battery or participates in a Crime against nature under N.C.G.S. 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. Credit card fraud.. Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. Contact an attorney in that county to see if those convictions can be reopened and dismissed. I was 16 at time of offenses and 17 at time of conviction. He plead guilty. I completed probation an estimated 2 years ago. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. Booking Number: 44296. Reach out to an attorney in Wake county to see if they recommend filing now or waiting until May. What does having an infraction have to do with removing a felony conviction? Such a situation would be a disaster, not to mention unlicensed practice of law is a crime. It is a Class H felony if an alleged offender commits a simple assault, simple assault and battery, participates in a simple affray, causes physical injury, and has two or more prior convictions for either a misdemeanor or felony assault in the prior 15 years. My case will be dismissed on Monday after completing community service. I had no lawyer because I was unaware of the affect that the charge would have on my record! Can they really reopen a case and dismiss it? In 2001, I was convicted of felony embezzlement. (7a) An offense under G.S. North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor Offense. What are my expungement options? Misdemeanor assault charges in North Carolina are: Assault with a deadly weapon committed with the intent to kill or cause serious bodily injury. Assuming no other prior convictions he should be eligible to file for expunction 10 years after any probation period was completed. He has NO charges before or after these charges. So a minor misdemeanor I would not qualify to rid of a non violent felony charge I'm talking years, Trying to decide if it's worth getting bullied or fighting this issue. 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. Age: An informal deferred prosecution involving maybe community service would probably be the best outcome. Before sentencing I left and joined the military and have been serving for 18 years now. He received a PJC from the courts as a result; which from my understanding is still considered a guilty plea or something similar to a guilty verdict because it shows up on his record. And Larceny class H Felony in 2001. Mr. I am not sure I follow. I was convicted in 1997 of felony death by motor vehicle.I was 17. I am a two-time felony from 91 + 93 can this record be sealed. I was convicted in 2001 or 2002. The Virginia conviction may create a problem depending on the exact nature of the charge and whether it appears on his record when Raleigh verifies if he has any prior convictions.. It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. Sounds like you are jumping the gun. I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. How many years ago was the conviction? Where do I get the form?. Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. It was like .2 grams. Is there any chance that the ten year time period could start back in 2008 when the crime was committed and not when my probation finally ended? Any shot with the misdemeanors because I was 21? 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. Also does this charge show up on background checks now? she never showed up for court and they charged me even thought she assaulted me. My daughter had a fight at school in 2010 when she was 16. In North Carolina, a deadly weapon is basically anything that could be used to kill someone. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. The Petition and Order of Expunction form I found online also only makes reference to infractions charged prior to December 1, 1999. I have never seen it done with a serious felony, but it is technically possible. When a woman is assaulted, the alleged perpetrator is usually charged with an Assault on a Female, which is a Class A1 misdemeanor in North Carolina. Charges i paid court cost and that was it. 2. Ive gone from Manager to welfare because of this. Was charged with an assault in a female 9 yrs ago due to lies told by x wife. Can I have my record expunged early? 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. 2023 Browning & Long PLLC, All Rights Reserved, Reproduced with Permission, DMV Driver's License Restoration Hearings, Misdemeanor Assault and Battery Charges in North Carolina, Your Rights as a Suspect in a Criminal Investigation. Could it be expunged? It was a crime committed before 18 years of age and am currently 24 years old. Multiple convictions from different incidents create a problem. Is an 11 ur old misd charge of disseminating harmful material to a minor, expungible? North Carolina Simple Assault Charges: General Statute 14-33(a If it was a felony conviction- what class? Every one of the charges ended in a voluntary dismissal. It was a class H felony at the time. Im trying to complete my own forms for expungement. North Carolina I have no other prior offenses. Only lower level Class H and Class I felony convictions are eligible per statute. 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. Am I eligible for an expungement? The State Bureau of Investigation "SBI" will review your petition for about 3 months and decide whether you are eligible based on the applicable statute. Once the charge is dismissed he should be immediately eligible assuming he has no felony convictions of any kind. 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. Speak to someone about reopening and dismissing the worthless check convictions. 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. I have a misdemeanor larceny in 2014 and a couple months later a trespassing. Coolidge Law Firm is committed to seeking the best possible outcomes to these types of cases, whether it is negotiating a reduction of charges through a plea bargain or fighting for a complete dismissal of charges at trial. And he had not been arrested since. Has there ever been a case where the Class of the felony can be changed to an H in order to get an expungement granted? I'm trying to find any information in being able to remove misdemeanors from my record. And once expunged will it still show up on background checks/will it be counted against me still? Raleigh Law Office (919) 615-2473. If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. No attorney-client relationship is created in this forum. by Gilles Law | Nov 16, 2017 | Blog Posts, NC Criminal Defense. Does this mean that I simply have to file a separate form for each rather than putting them all on the same form or do I just have to pick one until the new forms are out and the new law goes into effect? At this point he should speak with an attorney in the county where the charge originated to determine if and when he is eligible to clear his record. North Carolina vs. Floyd, 369 NC 329 (2016). This method of sentencing takes into account the nature of the crime an alleged offender has been charged with as well as his criminal history. Convictions involving violence such as assault are not eligible. If all the convictions were from the same incident (excluding traffic offenses) you should be eligible. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. I have a PWIS marijuana conviction in 2009 wake county and i have a few FTA afterward as well as a DWI 2018 in Lee County. The statute does not seem to allow expunction of infractions to which you plea responsible. Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. The charges were in Rutherford county North Carolina. Thanks for answering questions! 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. It can be charged under a number of criminal offenses, such as simple assault, assault on a female, assault with a deadly weapon, and assault by strangulation. I have had a perfect record since then, own a business, etc. Although there can be two distinct offenses, the phrase is appropriate to use when assault and battery are fused together. John-. I do not have an answer regarding restoration of gun rights. My son has a Class I felony crimes against nature conviction. So am I eligible again for expungement in 2022 for this 2 misdemeanours in wake county. On television, we often hear police and lawyers use words like assault and battery interchangeably. I paid 20k in restitution and 200ish hours in community service which was completed in 2010. Were you age 16 or 17 at the time of conviction? Getting convictions reopened is not easy and sometimes impossible. That requires a show of force or menace of violence (overt threat of violence) sufficient to put a victim of reasonable mental firmness in fear of a bodily harm that is imminent or immediately forthcoming. Case from 6 years ago. points on my Driver License. In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. 03/09/2001 Simple Worthless Checks 20-158 (d)(1) on a second ticket. for the assault i recieved probation and the possession i recieved probation as well but ended up going to prison june of 2004 on probation violation for 10 months and came home april of 2005. i haven't been in any trouble since then my felony is 15 years old and my assault charge is 18 years old. Simple Assault in Raleigh NC - Dewey Brinkley Law I am guessing I can resubmit under the new law but do not want to waste another $175 unless I know it will be cleared. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. Would having an attorney be better in the process here? There is no specific crime of domestic violence in our state. My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. The criminal defense attorneys at The Coolidge Law Firm will fight to achieve a resolution to your case that involves the fewest possible immediate and long-term penalties. No other trouble ever. It may depend on the facts of the case as convictions involving violence are not eligible. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. Do you have any other convictions of any kind? No more limit on number of dismissals than can be expunged. I have a misdemeanor assault (domestic) from 26 years ago. Just asking for a dismissal may not work. I pled guilty to unauthorized use of a vehicle. WebSimple assault is a misdemeanor offense in North Carolina. This of course is the preferred outcome for a defendant. You would be eligible now assuming you have no felony convictions. I was in my mid-twenties. I have a felony breaking and entering and felony larceny with two counts of obtaining property by false pretense. I also received an underage drinking ticket but it was dismissed by the DA on account that I blew a .01 due to my medication. It is only once. 2016 I got a misdemeanor Larceny that got dismissed. I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). What county is this conviction from? Use of this website or submission of an online form does not create an attorney-client relationship. Search North Carolina General Statutes. Thank you in advance for your response. There is a link to the AOC forms in the article above. Possession and maintaining a dwelling. Multiple convictions from different incidents creates major issues. WebAssault Charges Carry Harsh Penalties. I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). Class A1 misdemeanor convictions are explicitly excluded from the definition of "non-violent" charges and hence are not eligible for expunction for those over age 18 on the date of offense. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. I was convicted of B&E and Larceny back in 1992 when I was only 17 yrs old. I never went to court, or was ever was arrested. What was the actual conviction? The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. It's my understanding I have to wait 10 years after probation ended. Along with the 287 form, could you tell me which other forms I would need? Thank you. I was 21 whenever I was charged with felony larceny by employee. I really hate I created all this drama . Are these eligible for expunction? Thank you for your response, Also the other co defendants got it completely dismissed. Are there any options whatsoever? Every question I asked the arresting officers response was "I do not recall". The punishment for a simple assault, if convicted, depends on your You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. Contact an attorney where the charge occurred to confirm all your options. Can I get these expunged? Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. I'm thinking I may can file on my own, should I hire an attorney for this situation? Jonathan Alexander Hunter, 36 was arrested on charge of Resist Delay Obstruct Public Officer at 3500-BLK Maiden Hwy, Lincolnton. Can a person get an expungement if they have done what was ask of them from death by car? The expunction process due to the backlog generally takes 9-12 months to finalize. Can I get my conviction expunged and legally own a firearm. Were you 21 or under when charged- that may trigger a shorter wait period. I was told that my charge would never be seen again after it go in the system?? I was even able to reach why do they make it difficult. You would need to speak with a local attorney to see if anything can be done. 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. I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. Assault on a Female Charge in North Carolina Am i able to reopen that case and get it dismissed in Wayne County NC?
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