I went to parenting classes, completed probation, have been in no further trouble. 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. Well its been 12 years and if I can't get a expungement. I didn't know about the checks for a couple of years but as soon as I found out about them I paid them and all fees/fines associated with them. However, there are circumstances in which a Raleigh assault lawyer will be able to negotiate with the DA in advance to allow for an expungement at the conclusion of a deferral agreement. 10/02/1999 Simple Assault Verbal and written threats will contribute to the charge. 30 day window for filing expunctions in multiple counties. Is there any chance that the ten year time period could start back in 2008 when the crime was committed and not when my probation finally ended? He's very thorough and efficient. There is also no fee to erase a not-guilty verdict. I have heard that now any B&E is considered violent. WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. Domestic Simple Assault in North Carolina. This was my charges 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. " Just asking for a dismissal may not work. I was 16 at the time and was denied for a pistol permit last year. 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. Hi, I am not a US citizen or resident but I plead guilty to a class I felony aiding and abetting to obtain an official document (state ID) in NC, which happened around May 2005. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. Your comment will be posted after it is approved. Jonathan Alexander Hunter, 36 was arrested on charge of Resist Delay Obstruct Public Officer at 3500-BLK Maiden Hwy, Lincolnton. I made an Alford plea to indecent liberties with a minor in 1994. If you want dismissed charges removed from your record you would have to petition for an expunction. 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. If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. I got convicted of Communicating Threat back in 1999. I have been on several assignments with temp agencies and my performance allows me the opportunity to become a part of the company, but my background check messes me up. Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. 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. Unfortunately you may not be able to expunge anything, because the AOC form to expunge dismissals requires you to certify you have no felony convictions. 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! Consent the victim approved of the action prior to the act. What county were these convictions from? Does the DWI void any opp at expungement? Under the new law can have these expunged? 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? It took place in Lee county, NC. Once the charge is dismissed you can immediately file for an expunction. I have nothing else on my record. 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 allegations. Other than a traffic ticket 45 years ago I have nothing on my record. will expunging my non violent felony allow me to buy/own firearms legally again? What county is this conviction from? There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. Should I also hire an attorney? You can't expunge a charge until it has been handled. As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. The new law reduces the wait period to expunge Class H and Class I felonies from 15 years to 10 years after probation is complete. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. Monday-Friday 9:00am 5:00pm Same scenario but i had no lawyer present and i took a guilty plea yet i went through the same as the man in the above post. 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. A PJC is a rather odd disposition to explain- it is between a guilty and dismissal. If you only have the one Class I felony felony conviction (besides the DWI) you should be eligible after 10 years. In North Carolina, any crimes with an element of assault or non-expungeable unless the charges are fully dismissed or the accused is found not guilty in a trial. Of all misdemeanor classifications, a Class A1 is the most serious. 3. 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. 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. 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. 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. Also assault (husband and I) the assault was dismissed. You can always try and file now and see if a Judge will sign off on it. If so, the answer is yes. Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. Hi Jason, 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 One. We are honest, aggressive and compassionate. How long do i have to wait to have it expunged? An informal deferred prosecution involving maybe community service would probably be the best outcome. David Coolidge is a wonderful attorney! I was at a house party and went into a room and took a laptop. Class I for felony Reach out to an attorney or the Courthouse in that county to find out local procedure. He is intelligent, kind and completely nonjudgmental. My question is, our last go around in court i wound up being charged for "comunnicating a threat" for which the magistrate filed the paperwork for me to get picked up on that charge and i was issued a "restraining order" and an "exparte" order as well. All three did. I simply do not handle appeals. Charlotte Criminal Defense and DWI Lawyer. Additionally, there are three sentence ranges for each class of felony: the mitigated range is used for cases with mitigating factors, the aggravated range is used for cases with aggravating factors, and the presumptive range is used for cases with an equal amount of or no mitigating factors and aggravating factors. A PJC is treated just like a conviction for expunction purposes. If I have used an expulsion on a non violent offense when I was a minor would I still be able to get charges dismissed without leave to be expunged? Would I still be eligible for expungement despite that worthless check? They represented me and Ultimate rejection occurs when the Judge refuses to sign off on the Order. I recommend finding 1 lawyer who knows what he or she is talking about to handle everything. The charges were not filed by him but the officer who I called at that time. No jobs are wanting to give me a chance at all. Dismissals are free to file. 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. Assault in North Carolina is governed by North Carolina General Statute. 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. Ultimately the Judge should decide and not the DA, but if the local Judges simply follow the recommendation of the local DA you may be out of luck. Once signed your local county may immediately destroy the file held at the Courthouse. eelony charges, just like misdemeanor charges stay on your record in NC. I have never heard of someone trying to expunge an infraction. In general, you will face a Class 1 misdemeanor charge that carries up to 12 months in jail. 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. 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. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. Can I also get this expunged under the new law? However, if your case results in a conviction, the wait period depends on the charge and your age. They represented me in Court and by midday on the Court date, Is there any possibilities to work out something? Is Character Evidence Admissible to Prove Wrongdoing? I would recommend contacting an attorney in Iredell now to line things up. Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? No other convictions since. I got a few charges back in January of 2015. 4 months later in 2013 pled no contest to misdemeanor larceny. About 15 years ago I was charged with a class I felony b&e in Cabarrus county. 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. Why not file for expugement as you never know if that will be a deciding factor? Are you asking can you get a 2nd expunction or are you asking if you can get a case dismissed? I was convicted in 1997 of felony death by motor vehicle.I was 17. The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. 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. I was 21 at the time of the charge and it's been over 5 years since disposition in court. STEPHEN DANIEL CORN was booked in Buncombe County, North Carolina for SIMPLE ASSAULT. Is there any case or situation where the ten year time period may be excused? WebIf you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. What can I do? DUI convictions are not eligible per NC statute. 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. 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. How would I go about getting a 14.00 bad check dismissed place is closed parents are dead no witnesses will this new law work to get this done now. 15A-145.5? Convictions involving violence are generally not eligible. What are my options to get this expunged? I do not have the answer to that question. 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 Her court date is next week. Will this automatically come off my record or will I have to get this expunged? 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. The NC Court of Appeals has addressed the issue on more than one occasion. For charges that originated in Mecklenburg County, North Carolina the petition must be filed in Charlotte. They even they need job to take care of family. I asked for continuance because of this and was denied. Verbal and No touch crime is not considered battery just assault. Is it possible to get a expungement? But he had been to prison for RWDW. My daughter had a fight at school in 2010 when she was 16. I want to know will this stay on my record ? Is this true? WebExpunging a Drug Charge in NC. Am I eligible for an expungement? In 2016 I was also arrested for DUI/Hit and Runanother complete misunderstanding. when i was 16 in 2001 i was charged with assualt on a minor and in 2003 i was charged with possession of and intent to sell and deliever cocain. That being said I only handle cases in Union and Mecklenburg County. The misdemeanor version of this offense is a Class A1 misdemeanor. How to get a simple assault charge dismissed /dropped. You would need to speak to an attorney where these charges originated to see if you have any options. I would recommend speaking with an immigration attorney on this issue. The last thing you want to do is pay the fine for the worthless check charge. It may be possible if all the convictions were handled in the same session of court, but you would likely have to reopen and dismiss that old misdemeanor conviction first. Having a proper legal representative I had 1 year of unsupervised probation. How many changes can you expunged at one time. I would recommend running a criminal record at that time to verify the charge is removed. You could try now, but technically you might have to wait until May. It is a Class 2 misdemeanor. Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. It was in Cherokee County, Murphy. Fees vary based on the outcome of the case. If no felony convictions you should be at least eligible to expunge your dismissals. I have a simple assault and damage to personal property charge. for the assault i recieved probation and the possession i recieved probation as well but ended up going to prison june of 2004 on probation violation for 10 months and came home april of 2005. i haven't been in any trouble since then my felony is 15 years old and my assault charge is 18 years old. I got a call from my attorney about a month later saying not to worry about it anymore it's been taken care of. 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. It really sux being in my late 50's not healthy and being treated like crap by these cops over a a almost 20 year old poss charge,,. Could I apply for removal of the felonies. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. Both tickets have the same date of disposition (and occurrence). Multiple convictions from different incidents is usually a problem in expunction. The statute (see below) speaks to misdemeanors and felonies only. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. Felony larceny dismissed. You would need to speak with a local attorney to find out if that is even a viable option. Assault convictions for those over age 18 on the date of offense are not eligible per statute. Convictions involving violence are not eligible. It is unbelievable to me that the Felony expungements are only for Class H & I felonies. You would be eligible now assuming you have no felony convictions. Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! Plead guilty to misdemeanor larceny in 2015, paid fines, completed everything I was supposed to. Ty for answering questions . Would that be a correct assessment? I have a simple assault charge on my record . WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. Charges dismissed prior to December 2020 appear on North Carolina criminal records. Well got convicted with no fair trial sentenced to 10yrs in prison got out in 2yrs on probation for 2yrs intensive.everything over 15yrs done in process was in prison for 6mths 4yrs after for speeding and no license which was still part of the feliny drug charge in 90 also was charged with aditional drug charge some how while was doing 6mths behind bars was no where near place but its on my record in 94 so how do i.get these.charges expunged in state of north carolina ??? The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. You should be eligible as the driving offense is not a disqualifier. Is this a case of ID fraud or did you actually receive this ticket? I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. You should be eligible if that is your only conviction and you meet the time requirement. What is a Criminal Summons in North Carolina? Will I be eligible at any point to have the FELONY expunged? My niece was advised by her court appointed attorney to plead guilty to one Class H felony. Call us today at 980-272-8438. (2) How do I know which, if any, state or local agencies have a copy of the case record other than Chapel Hill PD? If both convictions were from the same incident and you have no other convictions of any kind you should be eligible. Both convictions in 2003. The answer is maybe. Is there anytgany I can do to get my gun rights restored? the act does not exceed the level on consent the party giving consent intended, party/victim voluntarily engaged in the activity in which the defendant has been charged, party giving consent must be legally capable of doing so (mental impairment, age restrictions, etc. Also flee to elude was reduced to disorderly conduct? Iredell county- NC Battery occurs when an assault is carried out and the person suffers physical contact, no matter how minor. Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. 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)!! I am now disabled, and can't travel to appear there in court. You would need to determine exactly what Class felony of which you were convicted . To. WebN.C.G.S. I really felt, and still do, that he really cared about helping me. It can be charged under a number of criminal offenses, such as simple assault, assault on a female, assault with a deadly weapon, and assault by strangulation. Has there ever been a case where the Class of the felony can be changed to an H in order to get an expungement granted? Is this eligible for an expungement? AOC form 287 is for dismissed charges only. Must have only been possession with intent to sell and deliver. That being said, perhaps you could ask an attorney in the county of the charge about reopening the case via a "MAR" or Motion for Appropriate Relief to see if it can be dismissed. Expunction of records when charges are dismissed or there are findings of not guilty. Both were at the same time 11/2009. If that is your only conviction of any kind (not counting traffic tickets) you should be eligible. In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. I was anxious and nervous about my case from the beginning. What county is this conviction from? One thing I have to say about this offense is that the justice system treats people charged of this in a very harsh manner that is not necessary. Case is pending. I never knew it had been dropped to Assault on a female until recently. Also, 16 years ago I was convicted of a Class G felony for drugs. 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? But is this reduced charge considered as a dismissal? I was told I did not have to register as a sex offender but would like to clear my record if possible. You would need to speak to a local attorney to see if you have any other options. What was the actual conviction? Each State has unique expunction laws. I was charged with breaking and entering and larceny 6 years ago. 2) Not Guilty? 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. No idea what they were. Even a murder dismissal or not guilty verdict is eligible. Contact an attorney in that county to confirm your options and local procedure. My brother has 3 dismissed/not guilty misdemeanor infractions from 2014. 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. I'd like to get my CCW License but can't because of the Communicating Threat conviction. In North Carolina, there are 3 types of assault and battery crimes listed under the misdemeanor status. It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continueda practice virtually unique to North Carolina, at least by that namevaries. DISCLAIMER This forum is intended for general questions and comments about the particular law or topic. How can people defend themselves against these charges. That got expunged. I had deferred prosecution, and successfully completed my community service. You would need to have any assault convictions reopened and changed to dismissals. I was charged with the possession of paraphernalia with the intended usage of injecting marijuana into the body and trespassing into a public park at night. Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. In 2016, I had two misdemeanor in Wake county that resulted in conviction both on the same day and time (Resisting public officer and computer tresspassing). Simple assault is classified as a Class 2 misdemeanor. 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. 03/09/2001 Simple Worthless Checks I have 2 charges. I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. 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 have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). That being said, it is always worth a try- the worst that can happen is that your request is denied. I was convicted of a class H felony in 2008. 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? This information does not infer or imply guilt of any actions or activity other than their arrest. Thanks! I plead guilty to a class I Felony possession of cocaine in 10/2010 but I was original charged in 9/2009 but because I was providing the dea with assistance I couldn't plead guilty till after the other person trial was over..I received a suspended sentence and 18 mths unsupervised probation. If she was under age 18 when charged and has no other convictions it should be possible under 15A-145(a). What constitutes a Distinct Interruption? No one has ever mentioned these charges and I have gone through several other background checks and I never knew or heard anything about them. Commit assault on a family member, though, and its a whole different matter. I was 18. I already know it will be dismissed . (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP
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