simple assault charge nc

A misdemeanor assault case is more typical than a felony, but both carry severe penalties that could affect you for the rest of your life. What county was the conviction from? Removing multiple convictions will not be so easy. Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. Contact an attorney in county of the 1995 misdemeanor and see if you can reopen that conviction via a MAR and obtain a dismissal. Multiple convictions from different incidents is usually a problem in expunction. 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. will this new law work to get this done now. Under the new law there are no restrictions for dismissals. Class H B&E I was charged with Resisting Public Officer on 12/4/11, sentenced on 5/5/12 and was given 1 year supervised prob, if acted well and completed community service, last six months, unsupervised, which happened. Thanks. I do not have an answer regarding restoration of gun rights. Are there any fees when filing as I would like to do all the paperwork myself. I am a resident of Tennessee, i was serving in the Marine Corps at the time. That being said, it will ultimately be up to your local judge as whether to grant or deny the request. That being said, you should always consult with a local attorney because if you can get a judge to sign the order then it can potentially be expunged if it is not eligible. Can I get these expunged? It is critical for an alleged offender to work with a lawyer who will fully investigate every aspect of this type of case as part of developing the strongest possible defense. This includes pending charges, convictions. Remember, ANY criminal conviction will typically have a negative impact on hiring status. There is no specific crime of domestic violence in our state. 1. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. Is it possible to get this expunged? 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. Simple possession of marijuana less than 1/2 ounce of conviction is holding me up on a job opportunity. It is a Class 2 misdemeanor. 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 the assault caused bodily injuries or the threat was made against an older person or spouse, it is generally charged as a class A misdemeanor. Will I be eligible for a expungement after Dec. 1st. My attorney at the time was then able to get me a PJC for the misdemeanor. I've got my GED, I have 2 years of Community College, but I did in 2016 get a Posses Schedule 1 charge and am on probation for it currently. Multiple convictions from different incidents usually creates a problem. Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? Because the person they said I conspired with got off with my plea. I went to parenting classes, completed probation, have been in no further trouble. 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. This is also a Class A1 misdemeanor with similar penalties as for a conviction for assault on a female. Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. Sorry, but I just don't have an answer for you. Well its been 12 years and if I can't get a expungement. Listed as a crime and tort, thereby resulting in either criminal and/or civil liability. What was the actual conviction? Were they all convictions? I filed assault charge on a friend of mine who punched me during an argument . The 2 convictions were was DV Protective Order Violation. Once someone is charged, only the district attorney has the ability to drop the charges. Class H convictions are eligible under the right conditions. If you are looking to learn about felony assault charges in North Carolina, check out our blog on felony assault in North Carolina here. They sent me a letter in the mail explaining that So, let me start by saying that I admit I've made a series of poor decisions over the years. They even Can that charge be expunged ? North Carolina I was charged with assault and battery in 2008 ( which has kept me from getting hired from several jobs)but under the new law I won't have to wait the 15 years to have it expunged from my record..correct? No police were involved and I wasnt arrested because they said I cooperated. An informal deferred prosecution involving maybe community service would probably be the best outcome. RESTORATION OF FIREARM RIGHTS. I was told I can apply for an expungement and have it removed completely but the attorney told me the law changed Dec 1, 2017 for NC and basically Im not eligible because of my age but researching websites and other material, I believe I am eligible. I paid 20k in restitution and 200ish hours in community service which was completed in 2010. speeding to elude arrest 4-7-09. 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. Both charges will certainly appear on your record. Is it worth getting my recorded cleared? The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. I bumped a vehicle there was no damage and took off someone reported it. See:North Carolina v. Brooks, 138 NC App 185 (2000), wherein the Defendant could only be charged with one count of assault with a deadly weapon inflicting serious injury where the evidence shows no distinct interruption between each of three gunshots. There is no wait period for dismissals or findings of not-guilty. I was told i didnt have to show up for that. The wrong DA on the wrong DA could end in disaster. Any hope for felony cruelty to animals to be expunged it is a class H. I have never encountered that charge before. I'm 21. Traffic offenses should not be a problem, but the other two convictions are an issue. No attorney-client relationship is created in this forum. If both charges were dismissed and occurred within the same 12 month period then you should be eligible to file right now. The judge put In my file not a threat to the person I assaulted. If I got a expungement under the old law will the new law have a effect on my expungement? Were they two separate convictions from different incidents? 4. The NC SBI is based in Raleigh. Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. 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Established in 2009, The Chetson Firm strives to get justice for clients. I was 18. I have a simple assault charge on my record . I have nothing else on my record. Due to this, a victim of assault will not have the ability to drop the charges. I would recommend running a criminal record at that time to verify the charge is removed. 10/02/1999 Communication Threats No other trouble ever. or should I attempt to do it before probation is completed? Am I eligible to get this expunged from my record? I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. Assault A reasonable threat of bodily injury that instills fear of harm in the victim. The nastiness continued throughout the process, and I find this inexcusable. Often that type of charge can be dismissed with community service or taking a class. Can i get this expunged because it was dismissed but it still shows up. I cannot offer any insight as gun rights are outside my area of expertise. Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. 1. or any of its lawyers at the email addresses set forth in this website will not create an attorney-client relationship. Much is Bail For Simple Assault Sorry this is so long but I look forward to hearing from you soon :-). His passion for his work and in helping others shines. (7a) An offense under G.S. How long do i have to wait to have it expunged? 2 class A misdemeanors, 1 violent from same incident. In 2015 I got a dwi that was vd by the court and looks like it could be expunged. 02/27/1997 Simply Assault Contact an attorney in that county to confirm your options and local procedure. I dont want to spend another $1000 to be told no again. Her court date is next week. I want to know will this stay on my record ? WebSimple assault, simple assault and battery, or a simple affray are charged as Class 2 misdemeanors. WebTypes of Assault Charges Simple misdemeanor, least serious (minor injury or limits to the threat of violence) Approaching or blocking a person while carrying a weapon open or With a Class 2 misdemeanor, alleged offenders are classified into one of three prior conviction levels based on their criminal histories: Felony assault cases are much more complex, as points are assigned to the alleged offenders criminal history and there are six different prior record levels. Crazy because the assault on a female was dismissed. WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. Thats how I got the pjc I guess. The petition is then sent back to the county where it was filed. I have been told that it can not be expunged but i found G.S. Assault by Strangulation NC Child abuse a misdemeanor. Charlotte Criminal Defense and DWI Lawyer. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. The laws of North Carolina classify assaults as either misdemeanors or felonies, with the most basic charges being simple assault. Site Map. Also flee to elude was reduced to disorderly conduct? What would be the charges? He wasn't even on the scene, when the police arrived. Multiple convictions from different incidents is a problem. at 919-683-9500 or send a message online with your legal questions. She is an indigent and now does not qualify for housing assistance. I also have a misdemeanor assault charge before the felony charge. I know that the dv charges are not eligible for expungment. DUI convictions are simply not eligible per statute. 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. No other charges other than a dismissed trespassing on school property from 2007 for playing soccer after dark Any error can lead to a major delay, in an already lengthy process. Hopefully this broken statute is fixed soon to allow for expungement of such an offense! The injury may not require attention by medical personnel, but if the possibility exists, then the charge is defined as serious.