Because I was living in the house, and on probation from the 2010 conviction, a big deal was made of the situation. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. DWI convictions have never been eligible for expunction. I also received an underage drinking ticket but it was dismissed by the DA on account that I blew a .01 due to my medication. Thank you! Can this be expunged? They occurred from 07-2010. Raleigh Criminal Defense Assault Lawyer - Kirk Kirk Law 15A-145(a). A petition must be filed in the County and State where the charge originated. Remember, ANY criminal conviction will typically have a negative impact on hiring status. Three charges were consolidated to one for sentencing. Could I apply for removal of the felonies. Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. You will be eligible under the new law which goes into effect December 1, 2017. 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. Assuming you were charged, the charge will appear on your criminal record. Is it possible that i reopen the case and fo for a not fuilty plea. F. poss if marijuana (56 g) Contact our Simple Assault Lawyer in Greensboro if You or Someone You Know is charged with Simple Assault in Greensboro, High Point or Asheboro. I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. The statute does not seem to allow expunction of infractions to which you plea responsible. It can take up to 12 months to remove a charge from a criminal record in NC. By wiped clean they probably meant the charges would be dismissed. That being said, it is important to realize the 10 year period does not begin to run until after any probation period is over. They sent me a letter in the mail explaining that Simple Assault You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. I was charged and convicted of sell and deliver cocaine. The laws can be very confusing, and representing yourself is never a good idea. Although the violence may not result in serious injury, it must be intentional and done without legal justification. It sounds like the lawyer you spoke with gave you good advice. My felony conviction date will reach its 10 year mark on 4/20/19. Class H B&E If you have are facing an assault charge in North Carolina, you should contact a criminal defense attorney immediately to discuss your options. 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. Is that a correct assumption? This happen in Harnett County. I have a hit and run misdemeanor on my record. 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 have three posses marijuana charges and two drug paraphernalia charges. Depends on the Class level felony and if you have any other convictions of any kind. Thanks in advance! Felony convictions wait period reduced from 15 years to 10 years. I have printed my petition for expungment as from what I have read I qualify to try for it. WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. then between 2000 and 2002 had some misdemeanor worthless checks. Not sure what no longer had jurisdiction over you because probation had expired means. The petition is then sent back to the county where it was filed. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. Even a murder dismissal or not guilty verdict is eligible. That being said, I would recommend contacting an attorney in the county where these charge originated to see if you have any options. which were only 2 months apart. Because the person they said I conspired with got off with my plea. This field is for validation purposes and should be left unchanged. I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. The long-running James Johnson case in Wilson concluded last week with a PJC (story The nature, extent, and magnitude of harm and injury may be considered by the sentencing Court, in the event of a conviction. Im trying to complete my own forms for expungement. 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. 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. He is intelligent, kind and completely nonjudgmental. You would probably be using N.C.G.S. I would like to have this cleaned up any way possible. Help!! 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. When a woman is assaulted, the alleged perpetrator is usually charged with an Assault on a Female, which is a Class A1 misdemeanor in North Carolina. You should be eligible if no other convictions of any kind other than traffic offenses. -Bridgette. In his frustration, he lit his bottle on fire and threw it away, causing the fire to break out. No police were involved and I wasnt arrested because they said I cooperated. You really need to reach out to an attorney in the county of the charge to discuss your options as the local DA will likely determine those options. If so, what? Had a DWI a few months later while in Drug Court. He has first court appearance next week for arraignment . Am I reading the law incorrectly? Coolidge Law Firm is committed to seeking the best possible outcomes to these types of cases, whether it is negotiating a reduction of charges through a plea bargain or fighting for a complete dismissal of charges at trial. After i completed that, i was eligible for an expungement. The process includes multiple steps 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. 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. I only handle Union and Mecklenburg County, but give me a call to discuss How many changers can you get expunged at one time. Only lower level Class H and Class I felony convictions are eligible per statute. I was charged with fictitious information to an officer 5 years ago. Charges never automatically drop off your record. Thank you. Thats how I got the pjc I guess. 2) Not Guilty? Hi. Asked him about and expungement, he stated I wasnt eligible because of my age. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. one for B and E And one for possession of stolen goods be expunged? Are you applying for a job prior to conviction? I have a misdeamnor larceny from 2008. The new law makes a much needed change by allowing a person to erase an unlimited number of charges that have been dismissed no matter when they occurred as long as the individual has no felony convictions. Expunctions are county specific so you would need to file petitions in both Mecklenburg County and Stanly County. That being said I would certainly recommend filing to clear your record. Simply verbalizing or acting in a threatening manner will be deemed assault. Offence dates were 8/23/2006 and 8/30/2006. I was convicted of common law robbery in 2014, I was 20 when convicted, I served my time and completed my post release probation, is it possible to get my record expunged.? Any likeliness for that to be expunged? Booking Number: 44296. The crime is defined as an unlawful attempt to physically injure someone, or intentionally causing injury through offensive touching. There are websites that screen capture mugshots and create a page on the internet with your face enlarged. You should consult an attorney for advice regarding your own individual situation. There is no waiting period to expunge a dismissal. Will I be eligible for a expungement after Dec. 1st. I havent had any felonies since. It was later reduced to misdemeanor assault on female in 2012. So the easy solution is simply to tell everyone to seek legal advice from a licensed professional. I live in Charlotte. Also when I went to the magistrates office, he stated that I had 2 other charges for worthless checks from 2009 and 2010 that I honestly had no clue and still dont have a clue about. The NC Court of Appeals has addressed the issue on more than one occasion. It's my understanding I have to wait 10 years after probation ended. I had two misdemeanor larceny charges from 1990 that were dismissed without leave by the DA in Watauga County. What was the infraction charge? I was charged but not convicted of a worthless check in August 2017 can I petition to have this charge expunged now or do I need to wait 5 years? I'm guessing that since I got the misdeameanor conviction after the felony, that I will not be able to expunge the felony either, even if I don't to anything about the other dismissals and they remain on my record? Convictions involving violence are generally not eligible. 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. This is a Class E felony if there was a serious injury or the intent to kill. Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. All misdemeanors: B&E - dismissed by the DA, Possession of Marijuana - dismissed after community service was completed, Possession of Marijuana - dismissed with 90/96, 2 assault on a female - dismissed by the DA, and simple assault dismissed by the DA. 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. Im sorry Ill try to be more detailed. Should I also hire an attorney? I received a misdemeanor larceny charge and completed a first offenders program and received a differed dismissal. You would need to reach out to someone in Wayne county to determine if that is a realistic option. I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county. I met with a second attorney just to see what he thought.. thats when i found out they charged each check as a felony. but basically he was saying the same thing its a lot. will this new law work to get this done now. Feb. 25, 2023 Arrests. Infractions such as Improper Equipment are simply not eligible. It should be eligible for expunction depending on the conviction date. Assault Lawyer Raleigh | Simple Assault Charges Attorneys You would need to talk to someone in that county to see if you have any options now as generally there is a 5 year wait period after probation ends for felony convictions. 15A-146. I lived in Georgia at the time. These may include: It is a Class F felony if an alleged offender assaults another person and inflicts serious bodily injury, which is defined as bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.. What county was this from? We are honest, aggressive and compassionate. Charges never automatically drop off a record after a certain number of years. I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. How long do i have to wait to have it expunged? So are you saying I need to just ask for a dismissal and not pay the fines. Can this be expunged since it was not a DWI? Multiple convictions are usually a problem, but there is also an exception for traffic offenses. Thanks. Before that I had a charge of worthless check and paid the 90 to the clerk of court before the court date. Is this true I can have both of cases expunged now. Does the DWI void any opp at expungement? 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. Your comment will be posted after it is approved. Is there any way to use the PTSD diagnosis to expunge this? I am now disabled, and can't travel to appear there in court. 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. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and 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. The year before that I was charged with failure to return rental properly but this case was dismissed as well as I was never charged and did not pay fees to the court. (So can you answer my question up above. North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. She has never been in any trouble before. The person I assaulted was asked by the DA did she want to go through with the charges and she said yes. Nevertheless, you should always check with a local attorney to fully explore all your options. That charge was dismissed as well. Assaults an employee or officer of the State when that person is in an official capacity. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. How many changes can you expunged at one time. 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. That's exactly what I was thinking. Thanks in advance for your response. My court appearance will take place on December. Simple assault is a misdemeanor offense in North Carolina. Do either of these charges bar me from petioning for expungement? 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. Or with they always be up there? The charge was dismissed but it still shows up on my criminal record. 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. 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 so much! The answer is maybe. 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. Five years of probation sounds much more like a felony than misdemeanor. A large number of our clients have gotten into a heated argument with their spouse and have called the police to help mediate the discussion. How can I determine class? A dismissed reckless should be eligible if no felony convictions. The Virginia conviction may create a problem depending on the exact nature of the charge and whether it appears on his record when Raleigh verifies if he has any prior convictions.. 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. This was a trafficking charge (MDMA). Placed on 30 months probation. This crime a Class H felony. WebContact a Simple Assault Criminal Defense Attorney Today. What would be the charges? I also seen their are affidavits along with the 266 form but I don't know where to find those. Had charges misdemeanors non violent over 10 years ago. I was in high school, under 18..what are my options ? I was 25 years old, i was sentenced to 12 months supervised probation. We are trying to get 4 charges expunged. You will need to reach out to an attorney in that county for more guidance. 921 (a) (33) (2022).) My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. It seems so unfair that this can't be forgiven with an expungement. 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. WebOur criminal defense attorneys are breaking down how aggravated assault differs from simple assault and the charges you may be facing. That being said, the new law does not go into effect until December 1, 2017 and the new forms likely will say not to be used before that date or they may just release them right before that date. 2017 I got a misdemeanor Larceny. But I took a plea for Crime Against Nature. Therefore I the Class G conviction will likely disqualify you from any expunction. I also have a previous charge for the same thing but it was dismissed. Even if the DA objects the Judge should have the final call. I had a couple of review dates and my final review date was last week. I had a breaking and entering and grand larceny charge in 2012. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. A PJC is treated just like a conviction for expunction purposes. An assault is the intentional attempt to injure another individual through the use of violence or threatening someone with bodily harm when the perpetrator has the The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. Sounds like you are using the wrong AOC form. Therefore, it is in your best interest to contact a local defense lawyer that can provide you with a free consultation about your case. I was charged with simple affrary one year ago. 1st assault with a weapon and assault on a female. 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 pled guilty in 2011 and received one year of probation. I was charged with drinking under 21 and driving and was not charged with DWI since BAC was less than 0.08 and I didn't show signs of impairment. You should be eligible under the new law if the case was dismissed. Home Criminal Charges Violent Crimes Assault. 02/27/1997 Simply Assault What county is this charge from? 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. 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!?! Probation will be done in 2019. They were both misdemeanors. I caught a cocaine charge in 1993, it wasnt even a gram. Paying a fine= pleading guilty. No attorney-client relationship is created in this forum. If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. Thank you. Dismissals are free to file. You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed. 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. For certain felony drug convictions that occur before age 22 there is a one (1) year wait period. Hello Sir, Due to having a criminal background I have not been able to find a job in almost 7 years. 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. I had a misdemeanor-injury to personal property dismissed about a year ago. Is it possible to get a expungement? Now he is applying for jobs and has a clean record since but the charge is hindering his search . The court date for those are in March, the attorney told me to go to court ask them to dismiss them and pay the fine for them. Simple assault is a Class 2 misdemeanor. Our Wake County assault attorneys aggressively defend clients all over the greater Raleigh area, including Wake Forest, Morrisville, Holly Springs, Garner, Fuquay-Varina, Cary, and Apex. Saw that sections have been repealed.. Is there any possibility he could get this expunged? North Carolinas New Expungement Law: What You Need If your charge was dismissed after successful completion of deferred prosecution your record should show "dismissed after deferred prosecution." I was told you would probably need clear evidence of innocence to do that. You would need to have the case reopened. How to get a simple assault charge dismissed /dropped. I have 2 misdemeanor larceny convictions from two separate incidents July 2008 and September 2008 age 18 at the time. It resulted in a delayed deferment and ultimate dismissa because I competed the classes (first time drug charge)l. I submitted for an expungement of the arrest record but it did not clear as apparently I used my one and only expungement back in the late 90s. This includes both convictions and dismissals prior ro DEcember 2020. WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. David immediately showed his support and listened with an empathetic ear. What kinds of punishments can an alleged offender be sentenced to? Cheryl Swink Wright, 45 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 100-BLK Elizabeth Ave, Lincolnton. Information presented on this website should not be construed as formal legal advice or the formation of an attorney-client relationship. My husband was convicted of disorderly conduct in 2007, charge was in 2006. 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. That being said, crimes involving assault or violence are not eligible, so it depends on the facts of the case. Having a proper legal representative I had 1 year of unsupervised probation. I believe the assault PJC would need to be changed to a dismissal to be eligible. In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. Is this eligible for an expungement? Assault charges takes many forms in North Carolina. 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. 2. I was wondering if I would be able to receive and expungement i never been in trouble before. If so, then you should be eligible after a 10 year wait period- maybe sooner depending on your age at the time of charge. You should be eligible as the driving offense is not a disqualifier. The term assault applies to a variety of charges, classes, and degrees. If you can't afford one you can ask for a public defender. Happened when he was 18 had deferred judgement that he didnt finish requirements so ended up with conviction. North Carolina General Assembly Child abuse a misdemeanor. I bumped a vehicle there was no damage and took off someone reported it. Class F is considered a serious felony and convictions are not eligible for expunction. To be convicted, it must be proven that a person committed an assault on the victim that caused physical injury by strangulation. Completed probation. Copyright 2017 - 2023 by Coolidge Law Firm | NCSBI - Expungements What constitutes simple assault is defined under common law. WebUnder North Carolina law, these crimes are defined as: Assault. That being said, you should check with an attorney in the county of the charges as that is where any paperwork would have to be filed. That being said, if a Judge will sign the order then it will likely be processed in Raleigh. Class A1 misdemeanor convictions are explicitly excluded from the definition of "non-violent" charges and hence are not eligible for expunction for those over age 18 on the date of offense. Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. Am I eligible for expungment? The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. And is there a website that dumbs these statues down for us non-lawyer folks out here?? I got a call from my attorney about a month later saying not to worry about it anymore it's been taken care of. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. I wound up taking a plea bargain for possession. I found it myself online. Only 9 months had passed when I tried to re-enter the US illegally and was caught at El Paso TX, a court appointed lawyer then told me that I had violated the probationary period and because of that a federal judge sentenced me to 8 months in prison. I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). 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? 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. An intervening event may qualify as a Distinct Interruption, such as the opportunity to calm down, thus resulting in a lapse of time. Never heard of someone being charged with two paraphernalia charges from the same incident. Any person who commits a simple assault, or a simple assault Hello, I was arrested in 2010 for attempting to obtain c/s by fraud/forgery, a class I felony, I was 25 at the time. Am I eligible to have these expunged? 03/12/2001 Carrying Concealed Weapon This blog will explore some of the more common misdemeanor assault charges in North Carolina. 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). So a dismissed domestic violence charge is not eligible? I've been looking forward to 2025 to get this fully behind me. The evidence presented by the State must prove or showa distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. Asking for a gal trying to get in nursing school 17 years later. Are there any options whatsoever? Our lawyers help clients throughout Wake County, including students attending such area schools as William Peace University, Wake Technical Community College (Wake Tech), the University of North Carolina at Chapel Hill (UNC), Shaw University, Meredith College, North Carolina State University, and Duke University. I have been to clerk of courts office in yhat county to get tecord and they cannot find it, but it does show up occassionally, which is weird. KAELIE CATHY KENNEDY Arrest Record - Jail Records Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. What county is this charge from? I was convicted of misdemeanor breaking and entering and misdemeanor larceny. You will be under the new law, which just happens to go into effect tomorrow. Can two separate Felonise they are over 35 years old and I have no convictions since then. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. I recieved a domestic violence charge against my father at the age of 17.