simple assault charge nc

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. Any hope for felony cruelty to animals to be expunged it is a class H. I have never encountered that charge before. I have printed my petition for expungment as from what I have read I qualify to try for it. Can they really reopen a case and dismiss it? As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. Both tickets have the same date of disposition (and occurrence). Contact an attorney where the charge occurred to confirm all your options. Dismissed with leave in NC means the prosecutor the later revive the charge. 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. WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. I simply do not handle appeals. The North Carolina Supreme Court defines, generally, the common law offense of simple assault as an attempt or overt act or the unequivocal appearance of attempting, with violence and force, to do some form of immediate harm or injury to the person of another. Only lower level Class H and Class I convictions are eligible. I was charged with filing a false police report .I asked for Deferred prosecution since I have never had any incidents . Under the new law multiple dismissals are certainly eligible. For those under age 18 on the date of offense there is an opening to remove misdemeanor assault convictions underG.S. It was back in 1995 in Harnett County. The contact form sends information by non-encrypted email, which is not secure. I was 19 when the 3 misdemeanors occurred and they were all dismissed and I was 36 when the offense occurred in 2011. I have a PWIS marijuana conviction in 2009 wake county and i have a few FTA afterward as well as a DWI 2018 in Lee County. I have had no other infractions other than a speeding ticket in 1999. Credit card fraud.. In North Carolina, simple assault is a misdemeanor. So am I eligible again for expungement in 2022 for this 2 misdemeanours in wake county. a friend of mine was convicted of a breaking entering felony around 30 years ago he wants to get his record expunged but was told that he could not because it was a felony under statute 15a 145.5 and that section 14-54(a) of that law prevents removal of the infraction. As options vary by county you should rely on the advice of local attorneys on what the legal options actually include. I have one misdemeanor larceny conviction from 2004 after my 18th birthday. This is a change from the prior law. However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). He served Honorably in the Army for 20 + years. Multiple convictions from different incidents creates major issues. No trouble since then, thats the only thing on my record.. can it be expunged? 24 years ago . In addition to misdemeanor assault charges, North Carolina recognizes many types of felony assault charges. Talk to an attorney in the county where the convictions originated to sew how best to proceed.. Hello. They offer to take down the page for a modest fee, but most of these sites do have disclaimers the fee is waived if you provide a certified expungement order. Dismissals are free to file. You would need to reach out to someone in Wayne county to determine if that is a realistic option. Plus other felonies. A PJC is a rather odd disposition to explain- it is between a guilty and dismissal. Thanks a lot. If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. It seems so unfair that this can't be forgiven with an expungement. Will he be eligible to have the charge expunged in North Carolina? I only handle Union and Mecklenburg. 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. You would need to convince a DA and Judge to sign off on a MAR or Motion for Appropriate Relief that strikes your conviction and reopens the case.You almost certainly need a local attorney if you want a good chance of success. Would that be a correct assessment? can refer to a single punch;but,it also can cover allegations involving multiple thrown punches in a single fight andstill be properly prosecuted as a single assault. I also have a misdemeanor assault charge before the felony charge. Can I get an expungement on the larceny? Other than that I think I have 1 misdemeanor from when I was 16 and a few dismissals. Thank you very much for the information! (18 U.S.C. The result is automatically regarded as a sexual assault. I am worried one stupid mistake may hurt my job chances? Thank you so much! Will I be eligible for expungement and when? DUI convictions are simply not eligible per statute. Can I ever hope to get it expunged and sealed and find meaningful employment and have a normal life again? Hopefully the Judge will not make you travel. Not asking for guarantees, I just can't find sentencing guidelines or anything of that nature. If all the convictions were from the same incident (excluding traffic offenses) you should be eligible. (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. If you are looking to learn about felony assault charges in North Carolina, check out our blog on felony assault in North Carolina here. Related Article: Felonious Assault David Coolidge is a wonderful attorney! On television, we often hear police and lawyers use words like assault and battery interchangeably. 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 petition must be filed in the county where the charge originated. The charge was in Alexander county if that makes a difference. If it is a Class H or Class I felony then it should be eligible. He's very thorough and efficient. In 2004 I was found guilty of obtaining property by false pretense. Did the DA object? Multiple convictions from different incidents create a problem. What county is this charge from? Will I be eligible for expungement? Can I get my conviction expunged and legally own a firearm. Is this something that is eligible for expungment? I would not be able to comment on paperwork without seeing it. And he had not been arrested since. Thanks! I have been told that it can not be expunged but i found G.S. If so, what? I want to go the route that erases this totally from my record and can I do this without a attorney or do I need one ? 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 Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. The crime is defined as an unlawful attempt to physically injure someone, or intentionally causing injury through offensive touching. Are there any fees when filing as I would like to do all the paperwork myself. Can you tell me if she gets the deferred prosecution is there a waiting period? The charge was dismissed but it still shows up on my criminal record. Several forms were updated and/or eliminated in April, 2018. However but due to the fact that I have two felony convictions (that occurred on different dates) instead of only one then I'm automatically disqualified for either felony to be expunged!?!? It was later reduced to misdemeanor assault on female in 2012. Hi. in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. 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. But what exactly is an Assault on a Female? I watched an NC murder trial, and the defendant who stabbed his wife 123 times got more respect from the judge than I received. Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. 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. If by removed you mean expunction that usually takes 9-12 months to finalize due to the backlog in Raleigh. If the defendant was under age 18 at the time of the offense the wait period remains at 2 years. Sounds like he needs to speak with a different lawyer in the county where the felony occurred. Assault is a threat or use of force on another that causes that person to have a reasonable apprehension of immediate harmful or offensive contact. I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. If you can't afford one you can ask for a public defender. WebSimple Assault in Raleigh NC. Thank you! Completed probation. 2 were dismissed, 2 resulted in conviction. Many Can those be expunged? In the time since now, a law has changed making my b&e unable to be expunged. The long-running James Johnson case in Wilson concluded last week with a PJC (story Will either of them cause me to fail a background check for teaching licensure. Please go ahead and text a picture(s) of all of the paperwork related to your ticket or charges to 252-299-5300. 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. They were all misdemeanors. Is that your only non-driving related conviction of any kind? I was told I did not have to register as a sex offender but would like to clear my record if possible. Reading and researching it states that I am. What if it were the exact same charges, onlly you were 16? So when should I be able to get all expungement. 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.? Ive done nothing but improve my life since. Charges i paid court cost and that was it. I was 17 years old. 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 with simple affrary one year ago. Often that type of charge can be dismissed with community service or taking a class. Also can I get all these removed all at once?). You should be eligible 2 years after your sentence was completed assuming that is your only conviction. Can I get a expungement if I have a misdemeanor the Accident happen in 2011 but I aint get charged to 2014 the charge was Financial card thief it was a felony but got dropped down to a Misdemeanor.