simple assault charge nc

You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. Is an 11 ur old misd charge of disseminating harmful material to a minor, expungible? Assault Charges . 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). It was in Cherokee County, Murphy. Crazy because the assault on a female was dismissed. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. 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. You would need to speak with a local attorney to find out if that is even a viable option. Be aware there is a ~$175 filing fee. I don't see that as legal advice . Thanks again! Have a drug charge was falsly convicted with 200 more case wasnt by dtate but by one officer and son. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. I found it myself online. The maximum punishment is 39 months in prison and takes into consideration the prior record of the person accused of criminal wrongdoing. What county are these charges from? 25 years ago in college, I pleaded guilty to a charge and had it expunged. I have a simple assault charge on my record . Both were at the same time 11/2009. 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. I do not have the answer as to whether it will allow you to obtain a gun permit. North Carolina Assault He even answered a frantic call This crime a Class H felony. To be convicted, it must be proven that a person committed an assault on the victim that caused physical injury by strangulation. One concerning vehicle registration violations, damage to property and the other 5 years later for larceny. Is embezzling expungable? Class H should qualify after a 10 year wait period under the new law. How can I determine class? Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. I want to know will this stay on my record ? Also if you don't mind could you tell me what you think the worse is that could happen? Clean record since. 1. Completed probation. 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? The nastiness continued throughout the process, and I find this inexcusable. no other convictions 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. Can I get that charge expunged? If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. 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. Assaults an employee or officer of the State when that person is in an official capacity. Simple assault is the unlawful assaulting of another person and is the least serious assault crime that a person can be charged with. If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. Multiple convictions from different incidents creates major issues. They represented me in Court and by midday on the Court date, 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. 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? It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. If yes, should I begin the process now with an attorney or wait until after December 1. I am so very concerned about this reflecting on my background check and having issues in the future. You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. Assault on first responders police, firefighters, emergency medical technicians, etc. Reach out to a local attorney to confirm your options as application of the law varies by county. 03/12/2001 Carrying Concealed Weapon 14-33 Assault on Female. I would talk to a new attorney in the county. I have a simple assault and damage to personal property charge. 4. Verbal and written threats will contribute to the charge. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. Two counts of communicating threats which I was found not guilty and one count of intimidating a state witness and one count of wearing a mask and or hood, both of which were dismissed. again but if I am in a similar predicament I would most definitely hire David again. Selected 4th Circuit cases also are included. It should be eligible if no other convictions other than traffic offenses. Asking for a gal trying to get in nursing school 17 years later. North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor Offense. I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. This is because North Carolina has taken the position that violence against women is much more serious than other types of violent crime. Before sentencing I left and joined the military and have been serving for 18 years now. I have a felony conviction of posses schedule VI (principal) in 1994. I had community service and paid restitution. You will need to check with a local attorney about your options as Class A1 convictions are generally not eligible for expunction. I never went to court, or was ever was arrested. 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. Because the consequences are so high, its important to be informed, know your rights, and get the best criminal attorney possible to fight your case. I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. 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. Assault 19 W. Hargett St., Suite 400, Raleigh, NC 27601. If the offense of assault was before the person turned 18 they have an opening under G.S. Has the law changed on when you are able to not list felonies on job applications/housing applications? I was convicted for common law robbery (Class G felony). Was charged with a misdemeanor for larceny. It was a crime committed before 18 years of age and am currently 24 years old. The charge was dismissed but it still shows up on my criminal record. Assault by Strangulation NC Deal was plead guilty and no prison time or probation. Thank you for any information you can give me. I am not sure what you are asking. What would you say about this one? The clerks can't give you legal advice- what county is this from? All those convictions are a problem. Often that type of charge can be dismissed with community service or taking a class. But I took a plea for Crime Against Nature. Thank you very much! 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!?! It seems so unfair that this can't be forgiven with an expungement. From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. You can either file yourself or hire an attorney. I was charged and convicted of FELONY EVADE AND ELUDE (class H) in 2012. Therefore I the Class G conviction will likely disqualify you from any expunction. Welcome; About; Practice Areas. Contact an attorney in that county to confirm your options and local procedure. The charging trooper suggested that if i take a parenting class he would have no problem dismissing my charges. I was convicted in 2011 of involuntary manslaughter. Will this clear me to get my permit? Hopefully I never need his services CriminalDefenseLawyer.com It is a Class 2 misdemeanor. During the same year I recieved assault charge and simple affray from fights in high school. Assault with a deadly weapon is more serious can be charged as a misdemeanor or felony. Raleigh, with a population of about 470,000 people, saw 49 homicide deaths, compared with 33 in 2021. The last thing you want to do is pay the fine for the worthless check charge. From the inception of a DWI I had the arresting officer lie on my report. Infractions generally are not eligible and misdemeanors after age 21 usually have a 5 year wait period for convictions. Commit assault on a family member, though, and its a whole different matter. What are my options to get this expunged? You should be eligible on the felony dismissal. WebSimple assault is a misdemeanor offense in North Carolina. I was wondering how bad my situation is. Mr. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. Class F is considered a serious felony and convictions are not eligible for expunction. It was my belief, and my parents (whose attorney in Charlotte handled my case and has since passed away) that my record would be completely wiped clean after a year. The crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer. You need to contact local counsel in the county of the worthless check conviction rather than attempt anything on your own. 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 I just want my hunting privileges back. in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. 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. The injury may not require attention by medical personnel, but if the possibility exists, then the charge is defined as serious. Both tickets have the same date of disposition (and occurrence). Under 15a-145.2 (a) (2) Verified affidavits by two persons? If, at the end of the day, at 7 years you are back to a first offense, then there seems to be no rationale to not allow you forgiveness for a 1 time mistake that resets to 0 anyway from a court perspective after 7 years. Assault and Battery Charges. What was the 1981 conviction? I was given a Class G felony for selling 5 Oxycodone over 10 years ago and there are people that are "career Criminals" only have H & I felonies.tell me how they're more deserving of an expunction than me? I also have a previous charge for the same thing but it was dismissed. WebNew Jersey: According to N.J.S.T 2C 12-1, most simple assaults are classified as disorderly person offenses, which are punishable by up to 6 months in jail and $1,000 in Thank you Mr. Witt is it possible to tell me which other form I would need? Can I get it expunged and what AOC would I need? Will I be eligible at any point to have the FELONY expunged? Felony in 2012. Mecklenburg County. 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 guess what I meant was, when a job is doing a background check, is there a point where the felony charge will not show up or count against me? You can always try and file now and see if a Judge will sign off on it. Many employers will hold that against you (especially since deferred prosecution means you admitted guilt) until it is removed from your criminal history. Simple assault is the least serious assault charge in North Carolina. What would be your fee to expunge ? I was charged with breaking or entering, assault with serious bodily injury in 2011. WebAssault by strangulation is a class H felony under North Carolina General Statute 14-32.4 (b). Simple assault is the least serious assault charge in North Carolina. You would need to speak with someone in that county to gauge your chances of reopening an old case. These are my 6 felonies i got at 16 years old, 1)Violate Regulate Controlled Substance Act [Attempted], 2)Common Law Robbery [Attempted], 3)Posses With Intent to Sell Schedule IV Once the charge is dismissed you can immediately file for an expunction. Contact an attorney where the charge occurred to confirm all your options. Firearm rights are not in my field of expertise. What if it were the exact same charges, onlly you were 16? Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. The process from start to finish generally takes 9-12 months. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? I was told to go to the magistrates office early Monday morning. Do I qualify? Are You Eligible for an Expungement in Charlotte? Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. In addition to misdemeanor assault charges, North Carolina recognizes many types of felony assault charges. North Carolina Misdemeanor Assault and Battery Charges Thank you for your response, My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. Does it go from when you are charged or how long they drug it out. Class E felony convictions are simply not eligible. Therefore, you could be arrested and charged with assault for inciting a bar fight. 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? Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? Only lower level Class H and Class I felony convictions are eligible for expunction in NC. The assault charge was dismissed, I am looking to get that expunged, because it even being on my record is holding me up with that and the, believed, firearms inedibility that's attached. 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? I was told that my charge would never be seen again after it go in the system?? What are you looking to remove from your record? What was the outcome of the charges? Can anything be done with those? Ive did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. 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. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. I also have a three possession of up to one half-ounce of marijuana charges, two are from 2004 ( June and October ), and one from July of 2008. Im sorry Ill try to be more detailed. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. And is it possible to manage this without an attorney? The petition is then sent back to the county where it was filed. ). It may be possible if all the convictions were handled in the same session of court, but you would likely have to reopen and dismiss that old misdemeanor conviction first. Your Assault Charges in North Carolina Depend The statute (see below) speaks to misdemeanors and felonies only. Also is careless and reckless (dismissed) expungable? So we actually have a slight chance. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. 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. Sounds like you are jumping the gun. We provide a free consultation for OBX criminal charges. Is there any case or situation where the ten year time period may be excused? I had a misdemeanor larceny charge in 1998 then another in 2014. If both charges originated from Wake County you should be able to list them both on the same petition under the new law. It took place in Lee county, NC. Form 266 may be the only form you need if you meet the requirements. What was the infraction charge? Trying to go back and undue a guilty plea to a felony is not going to be easy. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. In 2001, I was convicted of felony embezzlement. It really sux being in my late 50's not healthy and being treated like crap by these cops over a a almost 20 year old poss charge,,. I have heard that now any B&E is considered violent. Are you talking about expunction or a pending charge? When a record is expunged the charge will be removed from your official State criminal record. The NC criminal laws (defense lawyers may refer to that as the General Statutes) do not provide a statutory definition of what is assault in North Carolina. (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. Regardless if you are facing misdemeanor or felony charges, you are looking at serious penalties. That being said, you should always consult with a local attorney because if you can get a judge to sign the order then it can potentially be expunged if it is not eligible. Thanks! The first and only offense I had and will only ever have. (2007) Will I be able to get that expunged? In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that Even if the DA objects the Judge should have the final call. If you were just convicted of a misdemeanor and have no other convictions you should be eligible. You would need to reach out to someone in Wayne county to determine if that is a realistic option. You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS 15A-145.5: Multiple convictions from different incidents usually creates a problem. What county is this from? Can someone get both expunged, if it was over 20 years ago? Are these 2 types of charges that can be dismissed? My case will be dismissed on Monday after completing community service. The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. 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).