simple assault charge nc simple assault charge nc

So a minor misdemeanor I would not qualify to rid of a non violent felony charge I'm talking years, Trying to decide if it's worth getting bullied or fighting this issue. CONVICTED OF FELONY EMBEZZLEMENT 4/2008, WOULD THAT BE ELIGIBLE FOR EXPUNGMENT? That being said I would certainly recommend filing to clear your record. I got a certificate of relief. It was dismissed but still on my record. the probation was terminated You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. Saw that sections have been repealed.. Is there any possibility he could get this expunged? I have 2 misdemeanor larceny convictions from two separate incidents July 2008 and September 2008 age 18 at the time. Booking Number: 44296. It seems so unfair that this can't be forgiven with an expungement. I am not sure what you are asking. You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. If yes is there a waiting period? Hes handed several matters for If no other convictions of any kind before or since (other than traffic) you could be eligible to file 10 years after your sentence your completed. That was my only time every getting in trouble and have been trouble free since. Possession and maintaining a dwelling. 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. He even answered a frantic call I can not say enough good about David Coolidge and the Law Firm! Regarding your specific question- was the end result of the larceny charge a conviction or dismissal? 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. There is a very thin line between giving advice on how to fill out forms to be filed with the court and providing legal advice. The Assam Rifles - Friends of the Hill People? I was searching to find out more about the expungement process when I found your blog. Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? Convictions involving violence that occur after 18 are not eligible. Contacting our law firm does not imply any form of attorney-client relationship. I was charged with assault with deadly weapon. I know before it was at east 5 years of waiting. 03/12/2001 Carrying Concealed Weapon I have a simple assault charge on my record . Two counts of communicating threats which I was found not guilty and one count of intimidating a state witness and one count of wearing a mask and or hood, both of which were dismissed. In general, you will face a Class 1 misdemeanor charge that carries up to 12 months in jail. You were eligible to file the moment the charges were dismissed. Haven't had any charges since. Even if the victim tells the DA she does not want to pursue charges, the DA is unlikely to drop them. Can I get an expungement on the larceny? (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP Thanks, Jerry. Kirk, Kirk, Howell, Cutler & Thomas, LLP Class H should qualify after a 10 year wait period under the new law. I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. Call us today at 980-272-8438. For self defense to exist, the defendant must prove the defense was necessary, they were not the aggressor and the use of force was proportionate to the situation. Ty for answering questions . Possess schedule II (principal) Protecting your Privacy ~ Your privacy is our primary concern. You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. Try contacting an attorney in Guildford county to see when you are eligible to file. Excellent Customer Service. The following convictions listed below are not eligible. Larceny, prostitution, drugs can clear their names but a one time .08 mistake can't?! While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. What would be the charges? I was charged with felony assault by strangulation in 2010. Pleaded guilty to Breaking and Entering when I was 19 in 2000. You would be facing an uphill battle on that one especially if the victim objected. That was my first time in trouble ever. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Will I be eligible under the new law? Commit assault on a family member, though, and its a whole different matter. I was convicted of class H felony larceny in 2006, with a prior misdemeanor larceny as well as a few prior simple possession charges, would I still be eligible for expunction? There is no wait period for dismissals or findings of not-guilty. I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. It can be difficult to determine whether there is a distinct interruption between alleged assaults. Can I get that charge expunged? I called a lawyers office and they told me assault charges cannot be expunged. Would she be a candidate for getting it expunged from her record? Thank you for any information you can give me. Check with an attorney where the charge occurred on when you are eligible. For a first time offender charged with a minor offense deferred prosecution is usually always an option. I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. Willing to try anything. The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. I paid all of restitution 4,000 before probation. You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. (a) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means is guilty of the Class A1 misdemeanor of child abuse. Serious Injury an injury that potentially requires medical attention. RESTORATION OF FIREARM RIGHTS. Did you not have a lawyer originally on this case? A felony conviction in addition to multiple convictions from different incidents does not leave you with many good options. or should I attempt to do it before probation is completed? As soon as I go through traffic stops automatc search .. treated like crap harassed over a non violent felony charge what are the chances of success don't drink don't do drugs they use the you look suspicious game on me maybe I should just get a bumper sticker that says. " You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. Will this clear me to get my permit? In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. It took place in Lee county, NC. I believe a PJC is treated just like a conviction for expuntion purposes; therefore, you would need to have the PJC changed to a dismissal or not guilty before you would be eligible. 08/31/1999 Simple Assault 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. Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. Even a murder dismissal or not guilty verdict is eligible. The charges were dismissed. My original charges were 4 felonies but I was convicted of 2 misdemeanors and given probation. Had 5 years probation. Can I get my conviction expunged and legally own a firearm. Mr. Witt, Were the convictions from the same incident? They even How many years ago was the conviction? Only H and I felony convictions are eligible per statute. Under the new law multiple dismissals are certainly eligible. If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. That being said, I would recommend contacting an attorney in the county where these charge originated to see if you have any options. I had no lawyer because I was unaware of the affect that the charge would have on my record! 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. I also received an infraction for failing to maintain lane control that was also dismissed. Im trying to complete my own forms for expungement. Including going to a extensive rehabilitation period where I went to detox first, then to a three month Christian based (work camp) rehab, next to a half-way house in Wilmington NC for five years, & lastly worked at Wilmington Treatment Center as a admissions & substance abuse counselor. 200 North Pine Street If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. 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. You can't expunge a charge until it has been handled. Or is there any other options where it could be dismissed? When a record is expunged the charge will be removed from your official State criminal record. Also, I have several speeding tickets that were dismssed for improper equipment. Battery occurs when an assault is carried out and the person suffers physical contact, no matter how minor. And he had not been arrested since. I was convicted of B&E and Larceny back in 1992 when I was only 17 yrs old. The new law has a 5 year wait period assuming you have no other convictions. 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. i dont have the money to hire an attorney, so im hoping i can do it myself. What county were they from? The fact that you were charged is never wiped clean absent an expunction. Were they two separate convictions from different incidents? 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. 1. Only lower level Class H and Class I and convictions are eligible. The clerks can't give you legal advice- what county is this from? Please contact me when you are available. How old were you when charged with these charges? I have a simple assault and damage to personal property charge. Having a proper legal representative I had 1 year of unsupervised probation. Simply verbalizing or acting in a threatening manner will be deemed assault. 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. The exact procedure for getting the signatures of the District Attorney and Judge varies by county and I am not familiar with Catawba County. I was charged with Class H Felony Identity theft in 2001. If yes, should I begin the process now with an attorney or wait until after December 1. The process from start to finish generally takes 9-12 months. Dismissals cannot be expunged if you have any felony convictions. Any other steps to make to help with my future and career? Case not dismissed, pled "no contest". You should reach out to a local attorney to see if you have any other options. Completed probation. I am a mass. I also have a previous charge for the same thing but it was dismissed. WebIf you've been charged with an assault, contact the experienced assault charge lawyer at Remington & Dixon in Charlotte, NC. For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. Thank you in advance for your help. TAMARA KENYATTA JAMES was booked in Catawba County, North Carolina for SIMPLE ASSAULT. How old were you when the offense was committed? Please go ahead and text a picture(s) of all of the paperwork related to your ticket or charges to 252-299-5300. Self Defense considered an affirmative defense as the defendant acknowledges the event occurred, but only did so in response to self preservation. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions underG.S. they need job to take care of family. Related Article: Felonious Assault Even if it is considered violent, my understanding is that if you can convince a Judge to sign the expunction that Raleigh will process it. Is there any case or situation where the ten year time period may be excused? The charge was in Alexander county if that makes a difference. Jessica Smith prepared case summaries Nov. 2008-June 4, 2019; later summaries are prepared by other School staff. 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. An intervening event may qualify as a Distinct Interruption, such as the opportunity to calm down, thus resulting in a lapse of time. There is no waiting period to expunge a dismissal. Assault convictions for those over age 18 on the date of offense are not eligible per statute. If you want dismissed charges removed from your record you would have to petition for an expunction. Does it start a conviction. What county is this conviction from? What are my expungement options? It shows up on background checks as CLASS H felony. I believe the assault PJC would need to be changed to a dismissal to be eligible. 06/13/2001 Simple Assault At the time of incident, my husband completed all if his probation successfully and completed an anger management program that was suggested by his court appointed attorney at the time, but was not mandated. 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. Expunction of records when charges are dismissed or there are findings of not guilty. Is my case consided dismissed and eligible for an immediate expungement? Under 15a-145.2 (a) (2) Verified affidavits by two persons? Would that be a correct assessment? If you were able to do that then you could probably get everything expunged. can i get these expunged? The police called him back to the scene and told him the law stated that someone had to be arrested. My niece was advised by her court appointed attorney to plead guilty to one Class H felony. points on my Driver License. I had a larceny case that was dismissed due to a misunderstanding. Multiple convictions are usually a problem, but there is also an exception for traffic offenses. Does a second degree kidnapping conviction qualify for expungement? They represented me and That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. I was convicted in 2001 or 2002. Therefore, it is in your best interest to contact a local defense lawyer that can provide you with a free consultation about your case. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Thank you in advance.. If an application asks without qualifiers then I think you should disclose or risk them holding that against you. Would I be eligible under the new rules for expunge? No other charges other than a dismissed trespassing on school property from 2007 for playing soccer after dark I was given a Class G felony for selling 5 Oxycodone over 10 years ago and there are people that are "career Criminals" only have H & I felonies.tell me how they're more deserving of an expunction than me? they all have method of disposition descr: waiver-clerk not sure what that means. I was in my mid-twenties. Must have only been possession with intent to sell and deliver. there was a poss of cocaine charged that was dropped. I'd like to get my CCW License but can't because of the Communicating Threat conviction. WebUnder North Carolina law, these crimes are defined as: Assault. Now I am applying to medical school and think this may prevent me from becoming a doctor. All of the legal charges/troubles I managed to acrew was within a three year period. He has first court appearance next week for arraignment . Completed my sentence in 2002. 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. I am not aware of B&E being automatically considered violent in NC. If so, then you should be eligible after a 10 year wait period- maybe sooner depending on your age at the time of charge. Sorry this is so long but I look forward to hearing from you soon :-). There is no AOC form for the affidavit- you will have to create your own or use an attorney. Any question about the forms their answer is I can not give you legal advice. Are these you only convictions of any kind? As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. What county is this charge from? Dismissals are always eligible under the new law. I was found guilty and I was 27 at the time and it was unsafe movement which was a lie but I felt I had no choice but to plea guilty. Even if the DA objects the Judge should have the final call. If she was under age 18 when charged and has no other convictions it should be possible under 15A-145(a). I have no other prior offenses. 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. We will provide a thorough review of your case to help you understand all of your options when you call our firm today at (919) 239-8448 to take advantage of a free, confidential consultation. Approaching or blocking a person while carrying a weapon open or concealed or an imitation of a weapon in order to intimidate through fear. These crimes are considered domestic violence when the assault is committed against certain individuals that the perpetrator has a personal relationship with. I was able to get the arrest expunged in 2012. Would his record be eligible for expungement? Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? Also I have a charge in 2014 for disorderly conduct will I be eligible to get this expunged? Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. Thanks. Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. 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. If you have been falsely charged with assault, assault with a deadly weapon or sexual assault, then our Raleigh criminal lawyers are only a call away. So when should I be able to get all expungement. i actually tried last year for expunction was told there was just to many, and the DA wouldnt do it. I received a pjc on misdemeanor assault on a female in february 2001. Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation. Was originally charged with causing an affray and misdemeanor simple assault. If you have no prior convictions, the sentence could involve probation or up to 30 days in jail. These charges range from felonies to misdemeanors. Therefore, you could be arrested and charged with assault for inciting a bar fight. I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. 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? Since 1957, the criminal law team at Kirk, Kirk, Howell, Cutler & Thomas, LLP have helped individuals wrongly accused of assault and other violent crimes. 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. I forgot to ask.. for the current misdemeanor charges.. If you can't afford one you can ask for a public defender. What do you think? I assume this was a conviction- what county is this charge from? Is Character Evidence Admissible to Prove Wrongdoing? Do you think these charges would be eligible for expungement? I just want my hunting privileges back. Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! That being said you have to choose the best statute to proceed under, choose the correct AOC form, fill it out correctly, and likely attend Court at least once and maybe twice. Contact an attorney where the charge occurred to confirm all your options. Will I be able to ever get these expunged? I was convicted of a class H felony in 2008. 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. Simple assault is a Class 2 misdemeanor. You would likely have to get the new conviction re-opened and dismissed first. The punishment for a simple assault, if convicted, depends on your Received 5 years probabtion which was ended after one year. Hi, The law used to be that you could only apply for expunction one time. 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. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. What if it were the exact same charges, onlly you were 16? Simple assault is the least serious assault charge in North Carolina. Can I get this expunged off my record. I would like to have this cleaned up any way possible. Feb. 25, 2023 Arrests. Nothing ever just falls off your record in NC due to age. I plead guilty to two class F felonies and two class I felonies 18yrs ago. Child Pornography Crimes and Penalties in North Carolina, Tactics the Police Could Use to Get You to Confess to Committing a Crime, Search Warrants: When the Police Must Have a Warrant and When They Can Conduct a Warrantless Search, What You Need to Know if Your Child Is Charged With Shoplifting in Charlotte, Robbery With a Dangerous Weapon Is a Serious Felony in North Carolina, Current or former intimate partner, which can include dating or living together as a family, A persons childwhether by birth or adoption. Thank you for your response, Is an 11 ur old misd charge of disseminating harmful material to a minor, expungible? Expunctions are county specific so you would need to file petitions in both Mecklenburg County and Stanly County. 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)!! The statute simply excludes traffic convictions as an automatic disqualification. What county is this from? When did probation end? can he hire a lawyer to take it before a judge or DA. I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. Ive hit a wall in my career because of this delinquent mistake. I was giving probation and completed and have not been in any trouble prior or since. A Class A1 misdemeanor assault with a deadly weapon crime is punishable by up to 60 days in jail for a first offense and up to 150 days in jail if the accused has prior convictions. 2. A PJC is treated just like a conviction for expunction purposes. The 10 year wait period for felonies does not begin until the probation period is completed. 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? In North Carolina, assault is broad category that encompasses many, many different criminal charges. I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). 20-158 (d)(1) on a second ticket. He should followup with an attorney in the county where the charge orientated. That got expunged. Thank you. Can this be removed off my record? Convictions involving violence are not eligible. I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. Grady Adam Allen, 40 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 1300-BLK Goldrock Tr, Maiden. Also can I get all these removed all at once?). Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. There are two types of actions that constitute this crime: Simple assault is a Class 2 misdemeanor. 10/02/1999 Communication Threats It is only once. Under the new law can have these expunged? No police were involved and I wasnt arrested because they said I cooperated. I believe it could, although I have never encountered that scenario. I got a Misdemeanor Larceny when I was 28 back 2015 Can it be expunged now and how if so how much will it cost? I was in high school, under 18..what are my options ? They sent me a letter in the mail explaining that 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. So the easy solution is simply to tell everyone to seek legal advice from a licensed professional. I was 18 when charged 19 when convicted. Consent the victim approved of the action prior to the act. What would be your fee to expunge ? What website do I go to that will have the correct expunction petition/forms?? There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. him after hours through phone calls, texts, and email. Raleigh, with a population of about 470,000 people, saw 49 homicide deaths, compared with 33 in 2021. In North Carolina, there are 3 types of assault and battery crimes listed under the misdemeanor status. 06/16/2001 Simple Assault I received a misdemeanor larceny charge and completed a first offenders program and received a differed dismissal. Class G felony convictions are generally not eligible, but you should contact local counsel to see if you have any options. Or is it still a conviction and I need to wait for 5 years? The charges were not filed by him but the officer who I called at that time. I am charged with a misdeameanor. I completed the probation period of 1 year + community service per the court order. I went to parenting classes, completed probation, have been in no further trouble. Can i get the Class I PWIS conviction expunged? The 5 year misdemeanor wait time starts to run after probation is completed. Once again, the wait times have been growing as the new law allows more people to be eligible and more employers require a clean record. Wesley Keith Hudson, 43 was arrested on charge of Failure to Can I have that removed? One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. I was charged with simple assault on then boyfriend only out of self defense.