simple assault charge nc simple assault charge nc

you were talking about i called A DA made me feel like a mouse with a flashlight ready to stomp me when i called to speak to A DA. Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. My mother got a felony for arson when I was nine years old (29 years ago). Multiple convictions from different years is a problem. Age: 1. My son was charged with a dwi when he was 21 ( was driving home from work at food lion and hit a check point where they said they smelled pot) he went to college and the case was continued for 3 years , he hired a lawyer but was convicted in 2014 . 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. Is Character Evidence Admissible to Prove Wrongdoing? So with your Witt law pa attorneys do they do help with expungements? If no other convictions of any kind before or since (other than traffic) you could be eligible to file 10 years after your sentence your completed. 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. First charge ever convicted in 2015. from me on a Saturday night. Good evening, assault charges Thank you, RJ. That's what my lawyer told me. All assault and battery charges are serious, carrying the potential for long-term consequences including jail, probation, and community service. Please contact me when you are available. Multiple felony convictions from different incidents usually make you ineligible for any expunction. I highly recommend. A PJC was used for both the. A PJC is treated just like a conviction for expunction purposes. That charge was dismissed as well. If i prove that I had a good conduct till today (October 8, 2022) from the date of conviction will the judge be able to grant me permission to get my charges expunged? I found it myself online. I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. Be aware cases disposed after December 1, 2021 may be impacted by the Second Chance Act. Were they both convictions? Class I for felony Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. Other than a traffic ticket 45 years ago I have nothing on my record. I believe the assault PJC would need to be changed to a dismissal to be eligible. My husband desperately want to join the military. In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. A charge like this is detrimental in several ways: Lets take a deeper look at each of these things. Any hope for felony cruelty to animals to be expunged it is a class H. I have never encountered that charge before. I was 21 at the time of the offense. How old was the defendant at the time of the charge? Am I eligible for an expungement? The punishment for a simple assault, if convicted, depends on your Blacks Law Dictionary also refers to an assault as, popularly, any attack.. After i completed that, i was eligible for an expungement. My felony conviction date will reach its 10 year mark on 4/20/19. I'd like to get my CCW License but can't because of the Communicating Threat conviction. Infractions such as Improper Equipment are simply not eligible. Thank you for answering questions. The attorney states he is very confident this case will be dismissed. With a Class 2 misdemeanor, alleged offenders are classified into one of three prior conviction levels based on their criminal histories: Felony assault cases are much more complex, as points are assigned to the alleged offenders criminal history and there are six different prior record levels. If your charge is dismissed there is no wait period. SIMPLE ASSAULT (MISDEMEANOR) KAELIE CATHY KENNEDY, WHITE, FEMALE, AGE 27 (view image), arrested on charge of SIMPLE ASSAULT (MISDEMEANOR) At 100 BLK DAVIDSON DR ASHEVILLE, NC on 02/28/23 11:25:00 Case # reported on 02/28/23 11:25:00 Can this be expunged since it was not a DWI? Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. That being said, it is important to realize the 10 year period does not begin to run until after any probation period is over. Should I also hire an attorney? What was the actual conviction? I was wondering if I would be able to receive and expungement i never been in trouble before. The process from start to finish generally takes 9-12 months. I was able to get the arrest expunged in 2012. Restoration of firearms rights is not in my area of expertise, but take a look at NCGS 14-415.4. I also seen their are affidavits along with the 266 form but I don't know where to find those. You would need to reach out to a local attorney to review the facts and see if the local DA would entertain a Motion for Appropriate Relief. The NC Court of Appeals has addressed the issue on more than one occasion. Multiple convictions from different incidents is a problem. And is it possible to manage this without an attorney? That being said, the DA can object and ultimately the Judge decides. 2016 I got a misdemeanor Larceny that got dismissed. No convictions since. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. is it possible to have the larceny charge and the charges for which I wasn't convicted of expunged or would I have to choose? Only lower level Class H and Class I felony convictions are currently eligible under NC law. a simple assault conviction expunged in North Carolina 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. I was told that my charge would never be seen again after it go in the system?? WebWhen simple assault involves a verbal threat or touching a person, it is usually classified as a class C misdemeanor resulting in a fine of up to $500. The victim is a member of a schools staff, Sexual assault with a weapon threatening use of a weapon during the assault, Aggravated sexual assault results when the victim is seriously injured during sexual assault, Assault and Battery physical injury of another person, Assault on a Female committed by a male 18 years or older, Public Fighting this charge stems from the result of causing bystanders to become fearful of their safety, Blunt weapons (baseball bats, hammers, pipes, etc. You should be eligible as long as you have no felony convictions. Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. 2. For a North Carolina criminal record check any misdemeanor or felony charge will appear. Am i able to reopen that case and get it dismissed in Wayne County NC? If you were sentenced to 10 years in prison then it sounds like these were more serious felonies that would not be eligible. I have printed my petition for expungment as from what I have read I qualify to try for it. 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. I am not sure what you are asking. This field is for validation purposes and should be left unchanged. I was 17 at the time and its really hindering my ability to get a decent job. I was also 19 at the time. He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. (5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine. Her court date is next week. Expunging a Misdemeanor Conviction in NC Multiple convictions from different incidents usually create a problem. 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!?! So a dismissed domestic violence charge is not eligible? There is a link to the AOC forms in the article above. The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. Main concern is background checks for employment. Do I qualify? Do these charges affect my ability to get any of my charges expunged? How many years ago was the conviction? The convictions were in 2003. Completed my sentence in 2002. In one particularly great scene in the greatest series Deadwood of the prestige television era, Al Swearengen, the saloon, 2022 saw Raleighs worst year in homicides. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. Hi, I was convicted of a dui/death by vehicle and served 37 mos. One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. NCSBI - Expungements 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. Sounds like he needs to speak with a different lawyer in the county where the felony occurred. What county was this from? Is this true I can have both of cases expunged now. Am I eligible to have these expunged? I was convicted in 2009 served 2 yrs for an awdwisi and I havent been in trouble since is there anything I can do to get this charged changed to a lesser crime so I may get it expunged or sealed. Were these convictions from the same incident? 725 East Trade Street, Suite 215 Charlotte, NC 28202, 2022 Gilles Law, PLLC | ATierOne Website Services, Automated page speed optimizations for fast site performance, There is only so much your criminal defense attorney can do, Assault and battery against a sports official when the sports official is discharging or attempting to discharge official duties at a sports event (or immediately after the sports event at which the sports official discharged official duties. Are you saying you were recently charged and the case is still pending? A gun, knife, car, ax, baseball bat (or other blunt object) could all be considered to be deadly weapons. That was my first time in trouble ever. Was the time on that petition changed any with the new bill? Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? I had that expunged about 3 years ago. You should reach out to a local attorney to see if you have any options such as reopening the case. From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. This was a trafficking charge (MDMA). All three of my charges are from the same incident/case, but one was dropped from a felony to a misdemeanor and didnt get dismissed like the other two will I still be able to use the 287 form? 2003 and received 3 yrs probation. Simple assault is the least serious assault charge in North Carolina. Is the second arrest eligible for expungement? Assault on a Female What county were they from? I received a pjc on misdemeanor assault on a female in february 2001. Is this eligible for an expungement? Could I apply for removal of the felonies. What county is this from? Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. Are there any options whatsoever? Am I understanding correctly that I qualify? Case not dismissed, pled "no contest". You should be eligible if that is your only conviction and you meet the time requirement. Multiple convictions from different incidents creates a problem. can i get a assault on female expunged? Was charged with an assault in a female 9 yrs ago due to lies told by x wife. Can those be expunged? 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. Hi Jason, We are trying to get 4 charges expunged. Any special form for it? Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? Reach out to an attorney or the Courthouse in that county to find out local procedure. But is this reduced charge considered as a dismissal? As a result, the Supreme Court looks beyond the total number of punches or the repeated nature of physical contact with the alleged victim in determining whether more than one assault has occurred, such that the prosecutor may seek convictions for multiple counts of assault. I believe it this is an non-expungable offense it needs to be placed up there right with major felonies as it is one of few that is a lifelong sentence. In this version (misdemeanor assault with a deadly weapon) a deadly weapon is used but the assault neither results in serious bodily injury nor was carried out with intent to kill. 1) Guilty? If you were able to do that then you could probably get everything expunged. 24 years ago . In general, the state classifies assault charges in two basic categories: After these categories, assault is broken down further into types of assaults. If a person commits an assault, assault and battery, or an affray and uses a deadly weapon, he can be charged with assault with a deadly weapon as a misdemeanor offense. This includes both convictions and dismissals prior ro DEcember 2020. i dont have the money to hire an attorney, so im hoping i can do it myself. The answer may vary by state. Thank you in advance for any information you can assist with me with! 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. North Carolina Monday-Friday 9:00am 5:00pm I have never seen it done with a serious felony, but it is technically possible. These are H & I felonies. simple assault charge That being said, I would recommend reaching out to an attorney located in the county of this charge to see if there are any options. It was like .2 grams. Can I seal a class D drug trafficking charge that I was convicted of in 1999? I mean 30 years and being a model citizen with not even a traffic ticket? Would be easiest to just wait until December 1 so you can include all five on the same petition assuming they were all from the same county. This was the first time I had ever been in trouble so I pleaded guilty. Many forms also come with instructions. It now has suspended my mass. it has been at least 7 years since the charge. I live in Hawaii now and am trying to get my long gun permit to hunt. Do either of these charges bar me from petioning for expungement? I believe it could, although I have never encountered that scenario. This happen in Harnett County. Is embezzling expungable? I want to know will this stay on my record ? 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. I am not aware of any recent changes to NC laws regarding restoration of gun rights. Additionally, there are three sentence ranges for each class of felony: the mitigated range is used for cases with mitigating factors, the aggravated range is used for cases with aggravating factors, and the presumptive range is used for cases with an equal amount of or no mitigating factors and aggravating factors. Hi. I am now disabled, and can't travel to appear there in court. 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. I believe it took a year to process. Will immigration still find out about them? Class F is considered a serious felony and convictions are not eligible for expunction. I hired an attorney and paid $1000 for an expunged record.. All I was told was that I didnt qualify which makes no sense considering how old I was the time and how long it has been. will expunging my non violent felony allow me to buy/own firearms legally again? Is it possible to have those records sealed because it's keeping me from getting jobs???? Thanks for answering questions! Was charged with a misdemeanor for larceny. The new law has a 5 year wait period assuming you have no other convictions. This statement is a, This is a post about hope. I have heard that now any B&E is considered violent. 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? Elements of the Criminal Offense. Assault with a deadly weapon is more serious can be charged as a misdemeanor or felony. All charges (even dismissed charges) remain on your criminal record until expunged. You would be facing an uphill battle on that one especially if the victim objected. Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. You should be eligible on the damage to real property if no other convictions other than traffic violations. The petition must be filed in the county where the charge originated. Mainly depends on the severity of the charge such as minor misdemeanor (ie- shoplifting or simple possession of marijuana) vs. felony. From the inception of a DWI I had the arresting officer lie on my report. The crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer. -Bridgette. Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. We provide a free consultation for OBX criminal charges. I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. Is trafficking by transport able to be expunged? I really dont want to pursue this anymore . Thats how I got the pjc I guess. License. I have a simple assault charge on my record . Only lower level felony convictions are eligible. First, are you seeking employment from a job that requires extensive background checks? About 15 years ago I was charged with a class I felony b&e in Cabarrus county. That being said, you should keep an eye on possible upcoming changes to the law as referenced in the blog above under the "NC Second Chance Act" and contact a local attorney as my understanding is anything is possible if you can convince a local judge to sign the order. Soi have more than a couple misdemeanor domestic violence charges. 14-415.4, which is a petition to restore firearms rights after 20 years. Charges were back in 2018, disposition was 2019. Can I get these expunged? As a result, this crime is aggressively prosecuted in our communitysometimes overzealously. Class A1 misdemeanor convictions that occur after age 18 are not eligible for expunction per statute. You should be able to proceed immediately with your dismissed charges in Durham County. Talk to an attorney in the county where the convictions originated to sew how best to proceed.. Search North Carolina General Statutes. All of the legal charges/troubles I managed to acrew was within a three year period. I would argue the DWI should count as a driving offense which is not a disqualifier. 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. A PJC is a rather odd disposition to explain- it is between a guilty and dismissal. I have a misdemeanor charge for disorderly conduct is there any way that i can have that removed from my record it is keeping me from getting a job promotion at work. If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. Can I get it expunged and what AOC would I need? I think it's wonderful that you're reaching out to the community. So are you saying I need to just ask for a dismissal and not pay the fines. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. I plead guilty in 2002. Only lower level Class H and Class I felony convictions are eligible per NC statute. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. Crazy because the assault on a female was dismissed. Multiple convictions from different incidents creates major issues. Call Danny now to schedule your appointment. Thanks! Assault convictions for those over age 18 on the date of offense are not eligible per statute. I would not be able to comment on paperwork without seeing it. DUI convictions are not eligible per NC statute. If you face assault charges on the Outer Banks of North Carolina, Danny Glover, Jr., is available for consultation. Arrested on Domestic Violence Charges? The Process 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. Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. In the time since now, a law has changed making my b&e unable to be expunged. North Carolina Misdemeanor Assault and Battery Charges Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. i have a felony possession of a schedule 4 that i got i believe when i was 22 or 23 i am 26 years old now how long would i have to wait to be eligible to get this charge expunged? I was 17 at the time turning 18 although I was found guilty, to this date I claim my innocent to these crimes.Can my record be expunged. I was charged with larency by employee which is a class h felony in 2009. Whether its a charge for assault with deadly weapon inflicting serious injury, simple assault, or even misdemeanor assault on a female, an assault is an essential element to such criminal allegations. Never heard of someone being charged with two paraphernalia charges from the same incident. Get In Touch (704) 247-7110 (704) 247-7110 close. I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. What kinds of punishments can an alleged offender be sentenced to? Will this clear me to get my permit? 3) 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 ??? several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Official court records say dismissed without leave but there is still a notation of conviction. Communicating Threats of Violence Is Reach out to a local attorney to confirm your options as application of the law varies by county. I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge.