simple assault charge nc

For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. It appears that charge may be possible to expunge, although I have never attempted to do so. 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. gave me the fees straight out on the letter including court costs. Communicating Threats of Violence Is For self defense to exist, the defendant must prove the defense was necessary, they were not the aggressor and the use of force was proportionate to the situation. Will I be eligible under the new law? Under the new law, misdemeanor larceny convictions for those over age 18 at the time of the offense will be eligible after a 5 year wait period. So are you saying I need to just ask for a dismissal and not pay the fines. 1. In 2016 I was also arrested for DUI/Hit and Runanother complete misunderstanding. ; menu. I was convicted of a misdemeanor larceny charge March 2003 and a employment security violation charge in September 2003. then between 2000 and 2002 had some misdemeanor worthless checks. I had a larceny case that was dismissed due to a misunderstanding. I really felt, and still do, that he really cared about helping me. I spent ten days or so in jail awaiting my trial then the judge sentenced me to 2 years probation and I was deported to my country. The Petition and Order of Expunction form I found online also only makes reference to infractions charged prior to December 1, 1999. 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. First the Judge has to sign the initial request which is sent to the State Bureau of Investigations in Raleigh. Whether a pardon, sealing, or expungement of my record? I was charged and convicted of sell and deliver cocaine. Do these charges affect my ability to get any of my charges expunged? Only lower level Class H and Class I felony convictions are eligible per NC statute. Nevertheless, you should always check with a local attorney to fully explore all your options. If both charges were dismissed and occurred within the same 12 month period then you should be eligible to file right now. If you were able to do that then you could probably get everything expunged. All charges (even dismissed charges) remain on your criminal record until expunged. What county is this conviction from? Also, what traffic offences will invalidate the expunction? Does this mean it is expunged completely? I was charged with assault with deadly weapon. You would be facing an uphill battle on that one especially if the victim objected. Charges: Charge Description: SIMPLE ASSAULT Bond Amount: $1,500.00 Charge Description: SIMPLE ASSAULT Charge Description: SIMPLE ASSAULT ** This post is showing arrest information only. 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. I am not sure I follow. Her court date is next week. I am not aware of B&E being automatically considered violent in NC. If you were age 18 or above, the answer is no, not yet, unless 15 years have passed since the conviction and you have not Yes, pending charges do appear on North Carolina criminal records. I'm thinking I may can file on my own, should I hire an attorney for this situation? Dismissals are always eligible under the new law. About. 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. 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. How long ago were you convicted of disorderly conduct? I have a PJC conviction for a misdemeanor child abuse charge. The policy of law enforcement in Wake County is that if the police are called, someone must be charged, even if there was no laying of the hands or any physical contact. I was found guilty and I was 27 at the time and it was unsafe movement which was a lie but I felt I had no choice but to plea guilty. And the woman mentioned was the mother of my child and we were married. Sounds like you are using the wrong AOC form. Unfortunately, many residents in Charlotte are the victims of domestic violence. Domestic Violence Charges and What You Need to Know. 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. Every one of the charges ended in a voluntary dismissal. Although this crime can be committed in a domestic situation, this is not always the case. You should be eligible if no other convictions besides driving offenses. Both convictions in 2003. I was told to complete community service. The petition must be filed in the county where the charge originated. i have a hit&run conviction 22yrs ago. that's not fair. If I had a Felony Conspiracy to common law robbery(class h) from 2009. This can be tricky, but a simple rule of thumb is any direct, physical contact is considered battery. Does a second degree kidnapping conviction qualify for expungement? 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. Before sentencing I left and joined the military and have been serving for 18 years now. You should be eligible assuming you have no other convictions besides traffic offenses. (2007) Will I be able to get that expunged? If you have been charged with Simple Assault in Raleigh, North Carolina or the Wake County area make sure that you Charges i paid court cost and that was it. WebN.C.G.S. Thanks. DWI's within the prior 7 years are a grossly aggravating factor. Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. I was 16 at time of offenses and 17 at time of conviction. Charlotte Criminal Defense and DWI Lawyer. Do you have any other convictions besides driving offenses? Under our states complicated sentencing system, your punishment will depend on a number of mitigating and aggravating factors, such as your prior criminal convictions, the age of the victim, and the seriousness of the injuries inflicted. 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. 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. Fees vary based on the outcome of the case. I do well in school and wanna succeed , any chance of that being expunged. What constitutes simple assault is defined under common law. What kinds of punishments can an alleged offender be sentenced to? This is because North Carolina has taken the position that violence against women is much more serious than other types of violent crime. Thank you, RJ. Your comment will be posted after it is approved. I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. I had a misdemeanor larceny charge in 1998 then another in 2014. Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. That is why she had the protective order. Is this eligible for an expungement? Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? It was later reduced to misdemeanor assault on female in 2012. It was a crime committed before 18 years of age and am currently 24 years old. The Assam Rifles - Friends of the Hill People? Yes this just happened on Feb. 25th. I was thinking it would be the 266 form since I was 20 at the time back in 2011. 1. Please contact me when you are available. I was charged with simple assault on then boyfriend only out of self defense. Crime against nature under N.C.G.S. Mizoram faces the second wave of covid-19 with the bravery of local heroes, ZMC Medical Students Drowned In Tuirivang, Nursing Student Volunteers Herself to Work at ZMC, Council of Ministers approves establishment of Border Management Cell under Home Department, Perpetrator responsible for tank lorry fire arrested, Mizoram Olympic Association delegates set off for NorthEast Olympic Games 2022. If it has been at least 5 years you should be eligible to proceed now. 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. Felony larceny dismissed. Otherwise you would likely have to wait until December 1, 2017 to erase both charges. 1.1 For example, some of the factors that play a part in establishing the bail amount include 1.2 Related posts: Average bail amounts for misdemeanor crimes can range from $500 (in states like New Mexico and Oklahoma) to $10,000 for battery against a spouse or another person. Sounds like you really need an expunction to get this off your record. So a dismissed domestic violence charge is not eligible? Verified simply means they were notarized. Department of corrections told be I would be hired if I can get domestic violence charge taken care of they are not worried about the other charges. Aggravated Assault in North Carolina Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. 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. Simple assault is a Class 2 misdemeanor. 04/07/2002 Obtain property by false pretense by writing a worthless check. Mr. Witt, the DA at 1st wanted to meet but they swore in a new DA and i was told it wouldnt look good on him if he said yes to expungment to all the checksthats what my attorney told me the end.. If you want dismissed charges removed from your record you would have to petition for an expunction. Lastly, can you please tell me exactly what form I need to fill out to start expunction, do I need to start process after court date and case is completely dismissed or can I file right away, and does this attorney that is currently representing have to sign any papers. A PJC is treated just like a conviction for expunction purposes. Thank you. This blog will explore some of the more common misdemeanor assault charges in North Carolina. From the inception of a DWI I had the arresting officer lie on my report. The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. Were the convictions from the same incident? In North Carolina, assault is broad category that encompasses many, many different criminal charges. Are there any options whatsoever? 1. North Carolina Simple Assault Charges: General Statute 14-33(a For dismissals there should be no wait period. Will the DA tell me what form I need? It was in Northampton County, looking for advice on the matter. What county is this conviction from? North Carolina "This petition is being filed at least ten (10) years after the date(s) of conviction listed above for any nonviolent felony or five (5) years for any nonviolent misdemeanor, or when any active sentence, period of probation, and post-release supervision has been served, whichever occurred later.". I was searching to find out more about the expungement process when I found your blog. To misdemeanor. For felony intent to sell and deliver cocaine.. can it be expunged? I recieved a domestic violence charge against my father at the age of 17. Can this be expunged? Can my felony and misdemeanor be expunged? 2 were dismissed, 2 resulted in conviction. I was just pointing out that issue for other readers. The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. 15A-145.5? North Carolina Misdemeanor Assault and Battery Charges The 2 convictions were was DV Protective Order Violation. Is there a chance to expunge just the misdemeanor? I doubt changes will be made anytime soon to allow removal of DWI convictions from a record. Assault Charges I was even able to reach I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. 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. Looks like after reading your responses that I would not be eligible for expungement due to the level of the conviction. DUI convictions are simply not eligible per statute. Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. Simple assault is a class 2 misdemeanor in North Carolina and carries the potential for up to 30 days in jail for the first offense and up to 60 days in jail for a second or subsequent offense. WebBasically, all misdemeanor crimes that prohibit the use or attempted use of physical force or the threatened use of a deadly weapon qualify as MCDV when the offense involves a defendant and victim in a current or former "domestic relationship," as defined under federal law. There is no specific crime of domestic violence in our state. You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. That was my first time in trouble ever. I received a misdemeanor paraphernalia charge in 2014. 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. The process takes 9-12 months to finalize after you file the appropriate court paperwork and may require a court appearance. Assault My attorney at the time was then able to get me a PJC for the misdemeanor. I had no lawyer because I was unaware of the affect that the charge would have on my record! She has mental issues that are believed to have caused her to not be able to contribute to her legal defense. 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. You should be eligible 2 years after your sentence was completed assuming that is your only conviction. Assault on a Female You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. What class level was the conviction? CLASS F FELONY. You should consult an attorney for advice regarding your own individual situation. State Bureau of Investigation. I was charged with felony assault by strangulation in 2010. I was put on 12 months unsupervised probation. Hi. Am I eligible for expungment? Class F is considered a serious felony and convictions are not eligible for expunction. No convictions since. a simple assault conviction expunged in North Carolina Recent Booking / Mugshot for Robert Gee Stalcup in Cherokee 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? Thank you very much for the information! Would his record be eligible for expungement? TAMARA KENYATTA JAMES was booked in Catawba County, North Carolina for SIMPLE ASSAULT. I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. Basically, the type of job you are seeking, in addition to your overall qualifications, the employer hiring requirements, and your competition for the job are contributing factors to your employment success. Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? This includes pending charges, dismissals, PJCs, and convictions. Contact an attorney where the charge occurred to confirm all your options. That being said, but you should check with a local attorney on your exact age om the date of offense or to see if you have any other options such as a motion for appropriate relief. Read the statute for the required language. It was in Cherokee County, Murphy. Guilford Hopefully the Judge will not make you travel. Take a look at Form AOC-CR-281. He has NO charges before or after these charges. The courts clerk's make it very hard to,find yourself. Contact an attorney in that county to confirm your options and local procedure. A video shot by someone in a classroom showed To be up after probation or does it start when the offense happened. We are honest, aggressive and compassionate. 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. i dont have the money to hire an attorney, so im hoping i can do it myself. 1st assault with a weapon and assault on a female. If by removed you mean expunction that usually takes 9-12 months to finalize due to the backlog in Raleigh. Official court records say dismissed without leave but there is still a notation of conviction. 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? I paid a fine and that was it in 2008 can I get it expunged ?? -Bridgette. Under the new law, is the 15 year expungement no longer possible? That being said I would certainly recommend filing to clear your record. 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 ??? Only lower level Class H and Class I felony convictions are eligible per statute. I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. All charges were dismissed. But he had been to prison for RWDW. Can anything be done with those? Once the charge is dismissed he should be immediately eligible assuming he has no felony convictions of any kind. or should I attempt to do it before probation is completed? It did not affect any employment. However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). I've been looking forward to 2025 to get this fully behind me. Lincoln County Sheriffs Arrest Reports for March 1, 2023 1. To only find out now that I can't get my two felonies expunged therefore I probably will never be able to return to the career that I loved with a passion;Teaching Middle & High School High-Risk Teenagers (so very disheartning)!! 2003 and received 3 yrs probation. You would need to speak with a local attorney about having the case reopened and dismissed. I have a simple assault charge on my record . Can I also get this expunged under the new law? I caused no accident, I never had any arrest prior or since. He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. If you are looking to learn about felony assault charges in North Carolina, check out our blog on felony assault in North Carolina here. I am charged with a misdeameanor. Lincoln County Sheriffs Arrest Reports for March 1, 2023 North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor Offense. I have never seen it done with a serious felony, but it is technically possible. ), Any object that can be used as a weapon to kill. Could it be expunged? In North Carolina, a deadly weapon is basically anything that could be used to kill someone. Hello. 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. That misconception likely has spread based on the laws from another state, but not North Carolina. Nothing ever just falls off your record in NC due to age. Is that possible with 1 count of trafficking cocaine? Welcome; About; Practice Areas. 2017 I got a misdemeanor Larceny. Thanks in advance! I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. North Carolinas New Expungement Law: What You Need For criminal cases there may even be an outstanding. 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. Was found guilty but given a true PJC. Be aware there is a ~$175 filing fee. Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. No other convictions except DWI in 2015 Hi I was convicted of possession of stolen goods and then one year later I was convicted of felony breaking in entering this happen 35 years ago after I was 18 can I get two separate class H convictions expunged with this new law thanks. There are no AOC form affidavits- you have to create those on your own regarding your good nature and character. A misdemeanor assault case is more typical than a felony, but both carry severe penalties that could affect you for the rest of your life. Both charges were dismissed. As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. Can I get it expunged and what AOC would I need? Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. Following an investigation by the N.C. State Bureau of Investigations, Rutherford County District Attorney Ted Bell charged LCSO Sgt. Probation will be done in 2019. ), 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).