simple assault charge nc

If I'm reading this correctly, the expungement from 25 years ago wasn't a "once in a lifetime", however I seem to remember that you can't expunge ANYTHING if you have been convicted of certain crimes. Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. My husband was convicted of disorderly conduct in 2007, charge was in 2006. I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. Felony in 2012. Multiple convictions from different incidents creates a problem. So are you saying I need to just ask for a dismissal and not pay the fines. You were eligible to file the moment the charges were dismissed. I was told I couldn't get it sealed or espunged bc is two convictions is that true? It does appear as though if you proceed under 15A-145.5 both the DA and victim can object- this could certainly cause a problem if families are in court crying that their loved one is dead and cant object. To expunge a dismissal you can't have any felony convictions. But if a male assaults a female, he is charged with a higher level crime. Excellent Customer Service. NC Expungement Law in That being said, the DA can object and ultimately the Judge decides. The term assault applies to a variety of charges, classes, and degrees. Thanks again! Did you plead guilty to disorderly conduct in 2014? You would need to speak with someone in Lee county to confirm your options, but only lower level Class H and I felony convictions are eligible. While it is a misdemeanor charge, even simple assault with a deadly weapon should still be treated very seriously, as it will remain on your permanent criminal record. Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense. Hi I was charged with a infraction and resisting arrest this was about 2 years ago. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. Asking for a gal trying to get in nursing school 17 years later. I caused no accident, I never had any arrest prior or since. If I got a expungement under the old law will the new law have a effect on my expungement? 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. 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 Class I Larceny assault charges It was a class H felony at the time. What county is this charge from? What county was this charge from? Will I be eligible for expungement? Multiple convictions from different years is a problem. Barry Spencer Green was arrested by Lincoln County Sheriffs deputies on May 28, 2022 for driving while impaired, resisting arrest and assault on an officer. What do I need to do get this expunged? 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. Unlike many states, North Carolina merges (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP What is a Criminal Summons in North Carolina? In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that resulted from the assault. 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. Thank you for answering questions. Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! 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 being said, it is not a regular part of my practice so I am not the best person to give advice on that issue. I lived in Georgia at the time. Is there any possibilities to work out something? 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Only lower level Class H and Class I felony convictions are eligible for expunction in NC. 1 How Much is Bail For Simple Assault? Thanks in advance for your response. Many "forms" or motions filed with the court impact the life and liberty of criminal defendants and children in custody cases. If you were able to do that then you could probably get everything expunged. 2 felonies dismissed in 2013. But I did not had conviction in durham. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Because I was living in the house, and on probation from the 2010 conviction, a big deal was made of the situation. My son has a Class I felony crimes against nature conviction. For repeat offenders, jail time can reach 60 days. Is this true I can have both of cases expunged now. Blacks Law Dictionary also refers to an assault as, popularly, any attack.. Both tickets have the same date of disposition (and occurrence). The 10 year wait period for felonies does not begin until the probation period is completed. 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. You probably have to get the old misdemeanor conviction reopened and dismissed before you are eligible to expunge the felony conviction. Is it possible to get a expungement? 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, 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. If you want dismissed charges removed from your record you would have to petition for an expunction. A good criminal lawyer can help you get your charges reduced or possibly even dropped altogether if the attorney has been given enough time and information to put together a compelling defense. I was 40, and got a a misdemeanor larceny in catawba. Can this be removed off my record? I would recommend contacting an attorney in Iredell now to line things up. Received 5 years probabtion which was ended after one year. If you have been charged with Simple Assault in Raleigh, North Carolina or the Wake County area make sure that you Im sorry Ill try to be more detailed. The charge gave me 16 felonies non violent and not drug related or anything, I was wondering if there was any way to get this expunged or how long I would have to wait. 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. You should speak with an attorney where the charges originated to determine what options you have at this point. But is this reduced charge considered as a dismissal? 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)!! Still 21 at the time. Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. I was charged with simple affrary one year ago. There is no wait period for dismissed charges. For felony intent to sell and deliver cocaine.. can it be expunged? Did you not hire a lawyer at the time- seems like you should have been able to get everything dismissed at that time with a drug class or something. How old was the defendant at the time of the charge? Any other steps to make to help with my future and career? will expunging my non violent felony allow me to buy/own firearms legally again? Five years of probation sounds much more like a felony than misdemeanor. 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. Hes handed several matters for 1. 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. Can this be expunged? I had so many job offers but each time they run the background they cant accept me if theres any info you can provide that may help please share. I was convicted in 1997 of felony death by motor vehicle.I was 17. Class H should qualify after a 10 year wait period under the new law. Not sure what to do. Does the defendant have any other convictions? Dismissals are free to file. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. The expunction process due to the backlog generally takes 9-12 months to finalize. 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. When can a person be charged with this type of crime? Be aware there is a ~$175 filing fee. Would I still be eligible for expungement despite that worthless check? First time dismissals were eligible even under the old law. made the ticket go away. My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. (a) Any person who commits a simple assault or a simple assault and battery or participates in a I guess you need to speak with a local attorney to pull the file and/or examine the courthouse computer entry to answer that question. I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. Before sentencing I left and joined the military and have been serving for 18 years now. at 919-683-9500 or send a message online with your legal questions. Is there any case or situation where the ten year time period may be excused? then between 2000 and 2002 had some misdemeanor worthless checks. Further, the North Carolina General Assembly does not appear to enable a victim to charge someone with multiple counts of simple assault for every punch thrown during a fight. 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 I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. Have not yet went to court.. but attorney is very confident he can get charge dismissed. Reach out to an attorney in Wake county to see if they recommend filing now or waiting until May. I recieved a domestic violence charge against my father at the age of 17. I also have a misdemeanor assault charge before the felony charge. I know that the dv charges are not eligible for expungment. Infractions generally are not eligible and misdemeanors after age 21 usually have a 5 year wait period for convictions. Its not like if there are no witnesses on the first court date teh case gets dismissed- it can be continued many times for the State to subpoena their witnesses to Court. Removing multiple convictions will not be so easy. In 2015 I got a dwi that was vd by the court and looks like it could be expunged. I am not sure I follow. I was 17 years old. I just want my hunting privileges back. and that MAR thing? I have been told that it can not be expunged but i found G.S. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. A felony conviction in addition to multiple convictions from different incidents does not leave you with many good options. Any person who commits a simple assault, or a simple assault PJC's are treated like a guilty for expunction purposes. Because the person they said I conspired with got off with my plea. What can I do? By wiped clean they probably meant the charges would be dismissed. I had two misdemeanor larceny charges from 1990 that were dismissed without leave by the DA in Watauga County. Thank you in advance for your help. Age: After conviction, this point is moot. I am still happily married to the same woman. Class G felony convictions are generally not eligible, but you should contact local counsel to see if you have any options. Threats of violence may count as domestic violence if you and the victim have a personal relationship. Cheryl Swink Wright, 45 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 100-BLK Elizabeth Ave, Lincolnton. . 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. Is that enough resonable doubt to have the other cases looked at, maybe reviewed, maybe something.??? 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. I was given 12 months probation, I completed 6 months supervised and the rest was unsupervised because of my good behavior. That's the only misdemeanor I recall. The assault on a female 4/07/2006 and the other DV Protective order violation 11/30/2006 were dismissed . 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 2 misdemeanor marijuana convictions. That being said, even if is a valid court order it will take another 4-6 months for it to be processed by Raleigh to remove the charge from your record. I received a class I felony for NC tax evasion in 2001 for three years of returns. I was charged with Class H Felony Identity theft in 2001. No other trouble ever. so do i have a fighr to ge it reopen. I was convicted of misdemeanor breaking and entering and misdemeanor larceny. I plead guilty in 2002. Can she get this expunged? Will I be eligible for expungement and when? I was arrested but not yet convicted . Can I get an expungement on the larceny? 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. STEPHEN DANIEL CORN was booked in Buncombe County, North Carolina for SIMPLE ASSAULT. Would having an attorney be better in the process here? 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. In 2004 I was found guilty of obtaining property by false pretense. Only 1 Faulty Equipment ticket since then. Sounds like you really need an expunction to get this off your record. But all reduced. Do I have to wait until 2022 or anything else be done? This includes pending charges, dismissals, PJCs, and convictions. Thanks for taking time out of your day to help citizens like us. Willing to try anything. Is this eligible for an expungement? How can people defend themselves against these charges. Did you not have a lawyer originally on this case? It appears that charge may be possible to expunge, although I have never attempted to do so. That misconception likely has spread based on the laws from another state, but not North Carolina. There are websites that screen capture mugshots and create a page on the internet with your face enlarged. Can they really reopen a case and dismiss it? She's never had any other offense (other than a traffic ticket) but understandably it's made getting a better job very hard as most employers will take one look at the felony and what it was for and won't give her a chance to explain the circumstances and why she's not dangerous. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. Only lower level Class H and Class I felony convictions are currently eligible under NC law. I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. If it is a Class H or Class I felony then it should be eligible. Charges involving violence such as assault can be expunged if the charge results in a dismissal or not guilty verdict. Convicted in the same session of court. Unfortunately, all my legal problems came to be when I became addicted to opiates after going through a appendicitis that ruptured from gain-green infection! I believe you would be eligible in December to file to erase the 2016 charge that was dismissed. which were only 2 months apart. You would need to speak with a local attorney to see if anything can be done. Hi, I was convicted of a dui/death by vehicle and served 37 mos. Of all misdemeanor classifications, a Class A1 is the Domestic Violence Charges and What You Need to Know. to have his record cleared ?? 2 were dismissed, 2 resulted in conviction. Happened when he was 18 had deferred judgement that he didnt finish requirements so ended up with conviction. The first felony would not be eligible due to subsequent convictions. Charlotte Criminal Defense and DWI Lawyer. 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. Can't remember , but what if I did plead guilty ? 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. It would be prudent to do a internet search of yourself after any expunction is finalized to verify no old arrest pages exist online that were overlooked by the State or that are still cached by Google. I am now disabled, and can't travel to appear there in court. It may depend on the facts of the case as convictions involving violence are not eligible. I really dont want to pursue this anymore . Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. There was actually no breaking and entering. Just wanted another opinion from another lawyer. ), Any object that can be used as a weapon to kill. I have three posses marijuana charges and two drug paraphernalia charges. You should be eligible if it was a misdemeanor or low level felony. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? Simple affray is often charged as a lesser offense when the violence is not premeditated or when there are extenuating circumstances, such as self-defense. You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. At Kirk, Kirk, Howell, Cutler & Thomas, LLP., we understand the importance of protecting your privacy and will never share your contact information with a 3rd party. I pulled time in county jail, So I plead guilty at age 17 in 2013. I got convicted of Communicating Threat back in 1999. The process from start to finish generally takes 9-12 months. 2. 20-158 (d)(1) on a second ticket. First the Judge has to sign the initial request which is sent to the State Bureau of Investigations in Raleigh. If convicted, a person could be sentenced to between 4 months and 25 months in prison. Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. Do I qualify? However, if your case results in a conviction, the wait period depends on the charge and your age. So what's this new law is there a way got a person with a violent crime that has served his time will he be able to get his record expunged I hear a lot of talk about people getting their records expunged but it also talks about non-violent crimes. A PJC was used for both the. No longer in NC and have no plans to ever return. 2. Multiple convictions can be problematic. I would recommend running a criminal record at that time to verify the charge is removed. I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. . In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. 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? I was charged with breaking or entering, assault with serious bodily injury in 2011. For charges that originated in Union County, North Carolina the petition must be filed in Monroe. My attorney at the time was then able to get me a PJC for the misdemeanor. Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? I always recommend having an attorney when negotiating with the DA. I was charged with breaking and entering and larceny 6 years ago. Contact our Simple Assault Lawyer in Greensboro if You or Someone You Know is charged with Simple Assault in Greensboro, High Point or Asheboro. See the language from the AOC form below: Will the DA tell me what form I need? Lincoln County Sheriffs Arrest Reports for March 1, 2023 Once the charge is dismissed you can immediately file for an expunction. I was charged with filing a false police report .I asked for Deferred prosecution since I have never had any incidents . Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. That should have been eligible years ago even before the new law- did someone advise your otherwise? Sell and deliver is usually a Class G felony and therefore would not be eligible if the charge resulted in a conviction. I was charged with assault with deadly weapon. Charges never automatically drop off a record after a certain number of years. Juvenile Simple Assault If she was under age 18 when charged and has no other convictions it should be possible under 15A-145(a). See if you can get the misdemeanor convictions reopened and dismissed. I am trying to pull together information and put together a letter for the governor about this issue. Under 15a-145.2 (a) (1) an affidavit by the petitioner? Are you talking about expunction or a pending charge? Unfortunately Class A1 convictions are generally not eligible for expunction in NC. This is a change from the prior law. You would need to speak to an attorney where these charges originated to see if you have any options. In North Carolina, there are 3 types of assault and battery crimes listed under the misdemeanor status. Also, if you have a record of past criminal convictions, the judge is more likely to impose maximum sentence, especially if prior convictions were for assault as well.