simple assault charge nc
Felony- lower class If your charge is dismissed there is no wait period. Did his offense involve violence? Multiple convictions are usually a problem, but there is also an exception for traffic offenses. Are these eligible for expunction? Did the DA object? After an expungement are u eligible to get firearm rights restored? Plead guilty to misdemeanor larceny in 2015, paid fines, completed everything I was supposed to. You should be eligible if it was a misdemeanor or low level felony. I pled guilty to unauthorized use of a vehicle. I think it's wonderful that you're reaching out to the community. 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. Hello, I have a POSSESS WITS SCHEDULE II (PRINCIPAL) Class H Felony from 1992. 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 you 21 or under when charged- that may trigger a shorter wait period. WebContact a Simple Assault Criminal Defense Attorney Today. That's the only misdemeanor I recall. This includes pending charges, convictions. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Sounds like you are using the wrong AOC form. 2. 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. Good evening, That's what my lawyer told me. 03/09/2001 Simple Worthless Checks I would very much like to discuss having my record expunged. I have been on several assignments with temp agencies and my performance allows me the opportunity to become a part of the company, but my background check messes me up. i also have a misdeamnor assult in 2013, that resulted in a PJC, however it was verbal and not physical I just dont know why this was noted on my crimminal background as assult. It was my first time ever in trouble and havent been in trouble since. We are trying to get 4 charges expunged. The 2 convictions were was DV Protective Order Violation. Additionally, any email sent to Kirk, Kirk, Howell, Cutler & Thomas, L.L.P. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. This was in 2006in Cumberland County. But I now it shows up on my background. Established in 2009, The Chetson Firm strives to get justice for clients. 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. I would like to have this cleaned up any way possible. Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. I sent comment previously please ignore that. Will he be eligible to have the charge expunged in North Carolina? She (the victim) told me she was coming to court to tell them what happened but didnt show up. If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge. Is this eligible for an expungement? STEPHEN DANIEL CORN was booked in Buncombe County, North Carolina for SIMPLE ASSAULT. I was 19 years old. If you have no past convictions, you may be sentenced to probation or up to 30 days in prison. I was charged and pled guilty to a charge of leaving my child in the car while in the store, which they charged me with child abuse. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that Prosecutors and law enforcement will have access to records. The problem with this being on anyone's records is that it affects employment opportunities among other issues. Was charged in 2012 with 9 counts embezzlement, didnt have money to fight pleaded for 5 charges instead of five no jail time in 2017. There are mandatory reporting requirements such as the duty to protect children from abuse and employment-related obligations, but aside from those examples, the general public is not required to stop or report crimes. David Coolidge is a wonderful attorney! 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. You would be facing an uphill battle on that one especially if the victim objected. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. You would need to speak with someone in Cabarrus county as felony convictions for B&E are often not eligible. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. My niece was advised by her court appointed attorney to plead guilty to one Class H felony. 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? 21 when I was convicted. If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. Why not file for expugement as you never know if that will be a deciding factor? My father is now deceased. Only lower level Class H and Class I and convictions are eligible. Assault convictions for those over age 18 on the date of offense are not eligible per statute. Therefore, it is critical that you understand the different types of assault, and how engaging in a fight or injuring someone on purpose could affect you the rest of your life. 4 months later in 2013 pled no contest to misdemeanor larceny. (3) Would getting this expunged require any in-person court appearances in Orange County? Was originally charged with causing an affray and misdemeanor simple assault. Unlike many states, North Carolina merges WebIf you've been charged with an assault, contact the experienced assault charge lawyer at Remington & Dixon in Charlotte, NC. The guns were in a safe that I didn't have access to and in the back of a closet behind a dresser that was behind a locked door. 2016 I got a misdemeanor Larceny that got dismissed. I got an underage drinking misdemeanor recently and after completing community service hours and an assessment for drinking, I heard that the fee for expunging this would be $1000. There was actually no breaking and entering. You should be eligible as the driving offense is not a disqualifier. I paid a fine and that was it in 2008 can I get it expunged ?? Just wanted another opinion from another lawyer. I am not aware of any recent changes to NC laws regarding restoration of gun rights. Can I get this expunged off my record. The injury may not require attention by medical personnel, but if the possibility exists, then the charge is defined as serious. I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. Multiple convictions from different incidents creates major issues. 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. Only H and I felony convictions are eligible per statute. That being said, I would recommend contacting an attorney in the county where these charge originated to see if you have any options. Appointments outside regular office hours are available upon request. Charges dismissed prior to December 2020 appear on North Carolina criminal records. I would say you are looking at a 10 year wait period from when probation ends. In North Carolina, any crimes with an element of assault or non-expungeable unless the charges are fully dismissed or the accused is found not guilty in a trial. If so, then I can get multiple expungements after Dec, right? Only non-violent Class H and Class I felony convictions are eligible. Convictions in NC involving violence that occur after age 18 generally are not eligible That being said you can always contact a local attorney to see if there is any way to reopen the case and get a dismissal. No one has ever mentioned these charges and I have gone through several other background checks and I never knew or heard anything about them. I researched and seen that I need form AOC-CR-264 but it isnt available on the nccourts website. The convictions were in 2003. Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?! 06/13/2001 Simple Assault Also does this charge show up on background checks now? The process from start to finish generally takes 9-12 months. I was told by the judge that they no longer had jurisdiction over my case because my probation had expired.is this grounds for expungement? Can I get the resisting arrest expunged now? Class H should qualify after a 10 year wait period under the new law. 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. What county were these convictions from? Simple assault is the least serious assault charge in North Carolina. The only felony convictions that are eligible are lower level Class H and Class I. Child abuse a misdemeanor. This includes pending charges, dismissals, PJCs, and convictions. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. The charge was in Alexander county if that makes a difference. An avalanche occured earlier this evening at ABCI Quarry, Maudarh, Hnahthial District burying atleast 15 people and 3 machinery. 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. Verbal and written threats will contribute to the charge. Willing to try anything. Also, 16 years ago I was convicted of a Class G felony for drugs. These types of attacks include Simple Affray. Sounds like he needs to speak with a different lawyer in the county where the felony occurred. Thank you in advance for your help. Yes, even dropped charges will appear on a North Carolina criminal record check. What would be your fee to expunge ? For a first time offender charged with a minor offense deferred prosecution is usually always an option. I found it myself online. Can I get this expunged or dismissal? 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? Wesley Keith Hudson, 43 was arrested on charge of Failure to Would I be able to get these expunged? I live in Charlotte. How old was the defendant at the time of the charge? The Assam Rifles - Friends of the Hill People? Attorney fess vary greatly by county for most things. If I got a expungement under the old law will the new law have a effect on my expungement? I have 2 charges. Is there a way to have the conviction expunged or dropped to a misdemeanor? Restoration of firearms rights is not in my area of expertise, but take a look at NCGS 14-415.4. I finished it all on 5/5/13. This crime can be charged as a felony if someone assaults a victim with a deadly weapon with the intent to kill or seriously injure the victim. The first felony would not be eligible due to subsequent convictions. I'm trying to find any information in being able to remove misdemeanors from my record. Only lower level Class H and Class I felony convictions are eligible. 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 was convicted of felony b&e of a motor vehicle. Is there any case or situation where the ten year time period may be excused? I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. WebN.C.G.S. Absolutely! I was convicted of Cyber Stalking in April of 2011. Hes handed several matters for Five years of probation sounds much more like a felony than misdemeanor. Hi, I am not a US citizen or resident but I plead guilty to a class I felony aiding and abetting to obtain an official document (state ID) in NC, which happened around May 2005. I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. Both were at the same time 11/2009. No other convictions except DWI in 2015 Is it possible to have those records sealed because it's keeping me from getting jobs???? Expunction of records when charges are dismissed or there are findings of not guilty. https://www.nccourts.gov/assets/documents/forms/cv654-en.pdf?4tqxbrLvOPWIB2i6xD3RzkMbHwwiM9Dl. In 2004 I was found guilty of obtaining property by false pretense. Up until rather recently no felony convictions were eligible for expunction. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. Form AOC-CR-287 is typically used for dismissals. You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. Did you not have a lawyer- that type of charge can often be dismissed via community service. 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. I had to pa a fine , do community sevice and 5 yrs probation. Many nonviolent felony convictions that are either Class H or Class I will be eligible under the new law after a wait period of 10 years. Dismissed charges are always eligible if you have never had a prior expunction. What county was this from? 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. What can I do? Hi. I forgot to ask.. for the current misdemeanor charges.. Even if the victim tells the DA she does not want to pursue charges, the DA is unlikely to drop them. 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. I wanted to see how can i get these expunged. However but due to the fact that I have two felony convictions (that occurred on different dates) instead of only one then I'm automatically disqualified for either felony to be expunged!?!? 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. This blog will explore some of the more common misdemeanor assault charges in North Carolina. Case from 6 years ago. I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. I was 40, and got a a misdemeanor larceny in catawba. There is no waiting period to expunge a dismissal. You will need to reach out to an attorney in that county for more guidance. Possess schedule II (principal) 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 State Bureau of Investigation. I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. In 1996 I was 24 And was found guilty of felony possession of marijuana. 2 felonies dismissed in 2013. WebSimple assault is a misdemeanor offense in North Carolina. Just asking for a dismissal may not work. The charges were in wake county court. This is a change from the prior law. 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). My mother got a felony for arson when I was nine years old (29 years ago). 14-415.4, which is a petition to restore firearms rights after 20 years. If the offense of assault was before the person turned 18 they have an opening under G.S. I read and hear that expunge cannot happen twice. First the Judge has to sign the initial request which is sent to the State Bureau of Investigations in Raleigh. Threatening behavior that places We would like to have all of them expunged. one for B and E And one for possession of stolen goods be expunged? Any dismissed case is eligible for expunction assuming you have no felony convictions. There are websites that screen capture mugshots and create a page on the internet with your face enlarged. . You would likely have to get the new conviction re-opened and dismissed first. I had a DWI conviction over 30 years ago, and I find it a bit absurd that these offenses should stay with someone for their lifetime since much more serious offenses are available for expungement. 1981 conviction of misdemeanor.2007 conviction of dui. A gun, knife, car, ax, baseball bat (or other blunt object) could all be considered to be deadly weapons. How long ago were you convicted of disorderly conduct? No incidents since then but I can't get an apt with those misdemeanors on my record wat can I do? The statute does not seem to allow expunction of infractions to which you plea responsible. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. You should speak with an attorney where the charges originated to determine what options you have at this point. 15A-145(a). 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 was convicted of a misdemeanor larceny charge March 2003 and a employment security violation charge in September 2003. 06/16/2001 Simple Assault Thanks all the help I can get would be appreciated. In general, the state classifies assault charges in two basic categories: After these categories, assault is broken down further into types of assaults. There is a link to the AOC forms in the article above. Thanks! (7a) An offense under G.S. (So can you answer my question up above. 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. The expunction process due to the backlog generally takes 9-12 months to finalize. Although the violence may not result in serious injury, it must be intentional and done without legal justification. Were the convictions from the same incident? Do you have any other convictions of any kind? I was 17 years old. (2007) Will I be able to get that expunged? Assault A reasonable threat of bodily injury that instills fear of harm in the victim. Chapter 14- Article 8 of the North Carolina General Assembly clearly defines the acts that will be charged under felonious assault. For dismissals there should be no wait period. Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. 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. No idea what they were. 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. 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. It really depends. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. Otherwise you would likely have to wait until December 1, 2017 to erase both charges. Many "forms" or motions filed with the court impact the life and liberty of criminal defendants and children in custody cases. 2 class A misdemeanors, 1 violent from same incident. WebOur criminal defense attorneys are breaking down how aggravated assault differs from simple assault and the charges you may be facing. Hello, my friend will have an assault charged dismissed soon, he is over 18. No trouble since then, thats the only thing on my record.. can it be expunged? I am not aware of any law change in NC outside of local government jobs. If the charge resulted in a conviction the wait period depends on the age and charge. no other convictions Kirk, Kirk, Howell, Cutler & Thomas, LLP Can you tell me if she gets the deferred prosecution is there a waiting period? are in need of Legal Services. Some of the possible defenses that may be used against assault charges include, but are not limited to: Have you been charged with committing one of these types of crimes in North Carolina? My daughter is 17 and was recently charged with misdemeanor larceny for 5.96 from a Goodwill store. The rationale seems odd and incongruent with a 7 year look back period. 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. Was charged with a misdemeanor for larceny. 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. Talk to an attorney in the county where the convictions originated to sew how best to proceed.. I was convicted in 2001 or 2002. Hi I was charged with a infraction and resisting arrest this was about 2 years ago. Charges never automatically drop off a record after a certain number of years. Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. 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. Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. We (my daughter, myself, the girl she fought, and the girl's mother) went to court for mediation where they admitted they fought and they had to sign a letter stating they wouldn't fight in school again.