simple assault charge ncsimple assault charge nc

The last thing you want to do is pay the fine for the worthless check charge. I was 24 then; I hadn't begun to consume alcohol until I was 26! I do not have any specific advice on sealing records other than to contact a local attorney to explore your options. Id rather pay the $175 instead of several hundreds to a lawyer if I can avoid it . I was older than 18 at the time and I know that makes it a little difficult to do so. I was charged with dui in 2004 and possession of marijuana in 2012. To be up after probation or does it start when the offense happened. Hi, My wife took a 50-B out on me in 2000 and I broke the order no violence and plead guiltywhen the case is looked up it says expired what, if any are my choices I would love to get this expunged cause my wife and I are still married for 26 years now. Would I be able to get the dismissals removed from my record? If convicted, a person could be sentenced to between 4 months and 25 months in prison. Say if no one from the store comes to court? Can two separate Felonise they are over 35 years old and I have no convictions since then. Convictions involving violence, such as assault, are not eligible per statute. Can me and my friend / wife / co-defendant hire the same lawyer? Assault on first responders police, firefighters, emergency medical technicians, etc. 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. 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. Would having an attorney be better in the process here? 20-158 (d)(1) on a second ticket. At this point she needs to contact an attorney in the county of the conviction to discuss her options. What county is this conviction from? 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. Unlike many states, North Carolina merges Have not yet went to court.. but attorney is very confident he can get charge dismissed. Excellent Customer Service. All of the legal charges/troubles I managed to acrew was within a three year period. For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period. No jobs are wanting to give me a chance at all. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. I was only convicted of the hit/run when there was absolutely NO evidence against me. In North Carolina, assault is broad category that encompasses many, many different criminal charges. 285PA20 / 2021-NCSC-124 October 29, 2021). It took place in Lee county, NC. Misdemeanor assault charges in North Carolina are: Assault with a deadly weapon committed with the intent to kill or cause serious bodily injury. Any advice? Thanks again! WebSimple assault is usually a misdemeanor. If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. And the woman mentioned was the mother of my child and we were married. There is also no fee to erase a not-guilty verdict. 1 How Much is Bail For Simple Assault? Thank you so much! We've been told before that it wasn't but I thought maybe with the new law it will be. I really felt, and still do, that he really cared about helping me. I have a misdemeanor damage to Real Property from 2004, which I plead guilty to and successfully completed 18 months of unsupervised probation. WebOur criminal defense attorneys are breaking down how aggravated assault differs from simple assault and the charges you may be facing. I would say you are looking at a 10 year wait period from when probation ends. Am I eligible to have these expunged? You can't expunge a charge until it has been handled. I got convicted of Communicating Threat back in 1999. Take a look at the newly created AOC-CR-287 for dismissed charges. Threatening behavior that places Thank you in advance.. What county was the conviction from? After i completed that, i was eligible for an expungement. 15A-146. Is that a correct assumption? Due to this, a victim of assault will not have the ability to drop the charges. Do I qualify? What county were they from? 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. Any dismissed case is eligible for expunction assuming you have no felony convictions. Thanks Jason. I checked my record and believe the pjc had conditions that Im sure have been met by now. If the two convictions were from different incidents and not handled in the same term of court then I think you need to go back and have one case re-opened and dismissed to clear everything. Am I reading the law incorrectly? Obtaining property under false pretense. You should be eligible on the damage to real property if no other convictions other than traffic violations. He served Honorably in the Army for 20 + years. Thanks! As a general rule, any time that you are charged with a crime or receive a subpoena, contacting a Raleigh criminal lawyer is a must. I am not aware of B&E being automatically considered violent in NC. Lawyer specializing in record expungement said my ex would have to go back on the charges she filed against me in order for anything to happen. I thought it was a done deal, but during a background check they showed up as misd. How old were you when charged? They occurred from 07-2010. I had to pa a fine , do community sevice and 5 yrs probation. Pleaded guilty to Breaking and Entering when I was 19 in 2000. These are all classified as Class 2 misdemeanors: This may be the threat of physical harm to another person or physical contact that does not necessarily result in injury. I was arrested but not yet convicted . 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. Sounds like you really need an expunction to get this off your record. All those convictions are a problem. I truly did not understand the severity of what I did at the time or how the consequences would impact my life when I was trying to make it in the adult world. Age: WebN.C.G.S. Jason Im wondering if I need a lawyer in court when I go in March or just wait until after the case. My wife didn't press charges and stood with me in court. I was charged with breaking and entering and larceny 6 years ago. What do I need to do get this expunged? You should be eligible if that is your only conviction and you meet the time requirement. 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. my husband got a felony lerceny charge in 2008 and done his time and has not got into trouble since but he cant get any good jobs because of this. Site Map. Selected 4th Circuit cases also are included. It would depend on exactly what traffic offenses. That being said- you could seek an attorney in the county where the charge occurred about reopening the case or consider contacting the Governor for a pardon. Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. Is there any way to get this expunged across the states or do I have to physically appear in person for the process? It may be possible if you were under 18. See if you can get the misdemeanor convictions reopened and dismissed. It will be up to the prosecution to determine if a plea deal will be offered. I'm just venting - realize nothing you can do about it. I was charged with 3 counts of felony fraud credit card charges but they are labeled misdemeanor on my reports due to no priors. If it has been at least 5 years you should be eligible to proceed now. the probation was terminated 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. Hi. Contact an attorney where the charge occurred to confirm all your options. Infractions generally do not qualify per NC statute. Would that be a correct assessment? I don't see that as legal advice . What do you think? WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. Thank you. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. Felony convictions involving violence are often never eligible. 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? Thank you in advance for your help. You were eligible to file the moment the charges were dismissed. Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. Completed probation. I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. Thanks. Many people think an assault is when someone lays hands on or strikes another person, but this is not actually the only scenario in which someone can be charged with an assault. Only misdemeanors and felonies are eligible is my understanding. For repeat offenders, jail time can reach 60 days. Thanks all the help I can get would be appreciated. Having this on my background has cost me my job. 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 which were only 2 months apart. Are these eligible for expunction? When did probation end? If yes is there a waiting period? In many types of criminal cases, a victim of a crime can request for charges to be dropped and the offender can avoid penalties. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. Multiple convictions are usually a problem, but there is also an exception for traffic offenses. I have been told that it can not be expunged but i found G.S. I was was charged with felonie larceny by an employer. (a) Any person who commits a simple assault or a simple assault and battery or participates in a Can assault be expunged in NC? I called in desperation not really expecting an answer. Then the finalized petition is sent back to Raleigh where is sits on their growing stack of petitions to be processed where it can take another 6 months before the process is complete. I am charged with a misdeameanor. It should be eligible for expunction depending on the conviction date. Can I get this expunged off my record. 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? RESTORATION OF FIREARM RIGHTS. Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. To make a long story short I was never offered a lower sentencing or charge by the judge considering that this was the first time I got in trouble and as stated before it is currently the only thing on my criminal record. An active punishment involves incarceration in prison or jail, an intermediate punishment is a sentence of supervised probation that may involve a period or periods of confinement, and a community punishment is any sentence other than an active punishment. Any word from North Carolina Administrative Office of Courts on when the new form will be available that fit the new dismissal expungement rules? The evidence presented by the State must prove or show. It was a crime committed before 18 years of age and am currently 24 years old. Even if the DA objects the Judge should have the final call. Also does this charge show up on background checks now? There is no AOC form for the affidavit- you will have to create your own or use an attorney. I was told that if u recieved any charges after a felony charge u are not eligible for an expungement of the felony not matter how long ago it was. points on my Driver License. Do you have any other convictions of any kind? ), Any object that can be used as a weapon to kill. That misconception likely has spread based on the laws from another state, but not North Carolina. I was 19 at the time. 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. I am still happily married to the same woman. This happen in Harnett County. The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. What county was this charge from? Or offense. 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. WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. This is a Class E felony if there was a serious injury or the intent to kill. Every one of the charges ended in a voluntary dismissal. North Carolina was one of the last holdouts that charged 16 year old children as adults for any and all criminal offenses- now that mainly applies to serious felony and driving offenses. Speak to someone about reopening and dismissing the worthless check convictions. Is it difficult to have a case reopened and then dismissed by the DA? If you have been convicted (5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine. I know that the new laws have changed a lot in the last few years, but I was wondering if there's any chance of an getting in expunged? Common law robbery is a Class G felony. Is that your only non-driving related conviction of any kind? I generally charge a $750 attorney fee for expunction and process usually takes around a year to finalize. Therefore I the Class G conviction will likely disqualify you from any expunction. I'm trying to find any information in being able to remove misdemeanors from my record. Can i get the Class I PWIS conviction expunged? I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. Such a situation would be a disaster, not to mention unlicensed practice of law is a crime. Is there a way to have the conviction expunged or dropped to a misdemeanor? Please advice. Nevertheless, you should always check with a local attorney to fully explore all your options. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. 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. If the misdemeanor resulted in conviction the wait period varies based on the age of the defendant and the nature of the charge. 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? You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. If rejected, where in the process would this most likely occur? 2. 21 when I was convicted. You need to contact local counsel in the county of the worthless check conviction rather than attempt anything on your own. North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors. 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. Is this true I can have both of cases expunged now. Wendell Law Office (919) 365-6000. I have a hit and run misdemeanor on my record. are in need of Legal Services. that's not fair. I have a simple assault charge on my record . 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. Were they two separate convictions from different incidents? In 2007 Me an her was charged with a misdemeanor simple assault. What county are these charges from? I was told I did not have to register as a sex offender but would like to clear my record if possible. 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. Child abuse a misdemeanor. I have one misdemeanor larceny conviction from 2004 after my 18th birthday. Hopefully this broken statute is fixed soon to allow for expungement of such an offense! Hi Jason, I believe that is correct, but you can always check with a local attorney as adherence to statutes vary by county.

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