15A-145.5? Be aware if rejected it could certainly slow down the process. Any person who commits a simple assault, or a simple assault and battery, or participates in a simple affray (public fighting) is guilty of a Class 2 misdemeanor. Im trying to complete my own forms for expungement. Am i eligible for an expungement? I have been told that it can not be expunged but i found G.S. Thank you in advance for any information you can assist with me with! We are honest, aggressive and compassionate. By wiped clean they probably meant the charges would be dismissed. In 2007, I received a ticket for undersized fish, which I paid a fine, which was a misdemeanor. Up until rather recently no felony convictions were eligible for expunction. I have a felony conviction of posses schedule VI (principal) in 1994. Domestic violence can also be charged as assault with a deadly weapon, which can be a misdemeanor or felony. I have been sober over 3 years. Already have a lawyer that states this charge can be dismissed. In 2001 I made a stupid mistake at 16. Get In Touch (704) 247-7110 (704) 247-7110 close. This information does not infer or imply guilt of any actions or activity other than their arrest. several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? My husband had a conspiracy to commit assault. You would need to talk to someone in that county to see if you have any options now as generally there is a 5 year wait period after probation ends for felony convictions. All assault and battery charges are serious, carrying the potential for long-term consequences including jail, probation, and community service. Hi I was charged with a infraction and resisting arrest this was about 2 years ago. Thank you in advance! That's what my lawyer told me. You will be under the new law, which just happens to go into effect tomorrow. No trouble since then, thats the only thing on my record.. can it be expunged? We serve clients throughout North-Eastern North Carolina and the Outer Banks, including, but not limited to, those in the following localities: Pasquotank County including Elizabeth City; Camden County including Camden; Chowan County including Edenton; Currituck County including Carova Beach, Corolla, and Knotts Island; When can the State bring Assault Charges? He is intelligent, kind and completely nonjudgmental. Feb. 25, 2023 Arrests. If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. Charges i paid court cost and that was it. Were these convictions from the same incident? Only lower level Class H and Class I felony convictions are eligible per NC statute. 2. I was charged with dui in 2004 and possession of marijuana in 2012. InNorth Carolina v. Littlejohn, 158 NC App 105 (2005), the Defendant accused of two counts of assault that took place at distinct times, resulting in distinct injuries to different parts of the body of the victim, could be convicted of two counts of assault. Thanks a lot. Assault is a violent offense under NC law. Clark, Brandon James, 35 was arrested on charge of Failure to Appear at 2000-BLK Modern Estates Rd, Lincolnton. No police were involved and I wasnt arrested because they said I cooperated. If the charge resulted in a conviction the wait period depends on the age and charge. In 2015 I got a dwi that was vd by the court and looks like it could be expunged. Firearm rights are not in my field of expertise. 2 class A misdemeanors, 1 violent from same incident. 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. Therefore I the Class G conviction will likely disqualify you from any expunction. Further, the North Carolina General Assembly does not appear to enable a victim to charge someone with multiple counts of simple assault for every punch thrown during a fight. Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation. My felony conviction date will reach its 10 year mark on 4/20/19. If you are not convicted and are in the hiring process for a job, then legally, the assault charge should not be considered. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 3200 Croasdaile Drive, Suite 304, Durham, NC 27705. Substantial bodily harm does not, in-and-of-itself, permit stacking of charges against theaccusedwithout sufficient evidence of a distinct interruption. I checked my record and believe the pjc had conditions that Im sure have been met by now. That being said, it will ultimately be up to your local judge as whether to grant or deny the request. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that Multiple convictions from different incidents usually create a problem. I went to parenting classes, completed probation, have been in no further trouble. The exact procedure for getting the signatures of the District Attorney and Judge varies by county and I am not familiar with Catawba County. Lastly, can you please tell me exactly what form I need to fill out to start expunction, do I need to start process after court date and case is completely dismissed or can I file right away, and does this attorney that is currently representing have to sign any papers. I havent had any felonies since. 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. Assault Lawyer Raleigh | Simple Assault Charges Attorneys Also flee to elude was reduced to disorderly conduct? Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. You should be eligible if it was a misdemeanor or low level felony. I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. I received an open container citation (misdemeanor "poss/cons beer/wine public st") from Chapel Hill PD in 2012 and paid the fine, meaning a guilty disposition. This method of sentencing takes into account the nature of the crime an alleged offender has been charged with as well as his criminal history. That being said, crimes involving assault or violence are not eligible, so it depends on the facts of the case. I have a simple possession of marijuana charge from 2012. Reach out to an attorney or the Courthouse in that county to find out local procedure. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately 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. I had a larceny case that was dismissed due to a misunderstanding. From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. When a record is expunged the charge will be removed from your official State criminal record. Thanks. This is also my very first offense. This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. Coolidge Law Firm is committed to seeking the best possible outcomes to these types of cases, whether it is negotiating a reduction of charges through a plea bargain or fighting for a complete dismissal of charges at trial. You would need to speak to an attorney where these charges originated to see if you have any options. 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. And new. The statute does not seem to allow expunction of infractions to which you plea responsible. And the woman mentioned was the mother of my child and we were married. So what's this new law is there a way got a person with a violent crime that has served his time will he be able to get his record expunged I hear a lot of talk about people getting their records expunged but it also talks about non-violent crimes. Can I get an expungement on the larceny? 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. Verified simply means they were notarized. 2023 Browning & Long PLLC, All Rights Reserved, Reproduced with Permission, DMV Driver's License Restoration Hearings, Misdemeanor Assault and Battery Charges in North Carolina, Your Rights as a Suspect in a Criminal Investigation. I'm trying to find any information in being able to remove misdemeanors from my record. Assault with a deadly weapon is more serious can be charged as a misdemeanor or felony. NORTH CAROLINA SIMPLE ASSAULT CHARGES - Goolsby Law 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. John-. What county was the conviction from? 3) Dismissed? Now today (October 6, 2022) am I eligible for expungement. Class A1 convictions are not eligible, but if this person was sentenced under a Class 1 then it would seem to meet the definition of a non-violent misdemeanor. 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. I heard that its a new law about to help people with a crime that hasn't been in anny trouble since that. It may be possible depending on the facts of the case after a 10 year wait period. What would you say about this one? I caught a cocaine charge in 1993, it wasnt even a gram. This is exactly what I thought to not pay anything. After hearing our statements, The judge put on my ppw an said to me was not the aggressor does not have to take domestic violence classes but we still going to charge u with a simple assault an she was charged with the same except she had to take safe child classes. A lawyer handled it and I had no clue it would show on my record until a recent background check. Site Map. For charges that originated in Mecklenburg County, North Carolina the petition must be filed in Charlotte. (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 was 17 at the time turning 18 although I was found guilty, to this date I claim my innocent to these crimes.Can my record be expunged. So a dismissed domestic violence charge is not eligible? I lived in Georgia at the time. Can I seal a class D drug trafficking charge that I was convicted of in 1999? Would need a lot more information such as how long ago this conviction was and if you have any other convictions of any kind. Getting convictions reopened is not easy and sometimes impossible. Do I have to wait until 2022 or anything else be done? I was charged with misdemeanor larceny in 2017. 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. I am reading up on the expungement process, as these are keeping me from finding employment in my field. I'd like to get my CCW License but can't because of the Communicating Threat conviction. 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. We provide a free consultation for OBX criminal charges. Assault on a female occurs when a male who is 18 years old or older threatens imminent physical harm or has offensive physical contact with the victim. That means, for the State to prove someone guilty beyond a reasonable doubt, the prosecutor bears the burden of proof to show the person accused of criminal wrongdoing is guilty of theunderlyingcrime of criminal assault. In 2016 I turned myself in on a FTA regarding 2 shoplifting charges. Charges never automatically drop off a record after a certain number of years. I have worthless checks on my background from 1987, 1988, 1995 and one in 2006 they are in two different counties nothing else. The charges were in wake county court. I was charged with the lesser misdemeanor charge of larceny when I was 16 ( theft of chapstick at Walmart). Does The Term Simple Affray Mean In Raleigh What would be the charges?

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