There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. I was charged with simple affrary one year ago. The laws can be very confusing, and representing yourself is never a good idea. I don't have any advice for a Class G conviction other than to talk to an attorney in the county where the charge originated to see if anything can be done such as a Motion for Appropriate Relief to reopen the case and get a better outcome. I am now 35 with only a couple speeding tickets since. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. This is also my very first offense. What was the actual charge? Hello Sir, I paid a fine and that was it in 2008 can I get it expunged ?? 03/12/2001 Carrying Concealed Weapon I was convicted of concealment of goods (roughly $8.00) im not sure if the verbiage is correct there, but i believe it was shoplifting never the less. Is it worth getting my recorded cleared? 2. Will I be eligible for expungement and when? I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. Will I be able to ever get these expunged? To. This means that the defendant will need to work through the court system to resolve the case either by deferral program, plea agreement, or trial. 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. A felony conviction in addition to multiple convictions from different incidents does not leave you with many good options. I wouldn't want to file the form that is currently available on their website as asks if you have previously expunged using NC-146 statute, as I have previously. 1. If found guilty, the defendant will be responsible for court costs and fines. Were your separate felony convictions from different incidents and resolved on different court dates? Fees vary based on the outcome of the case. In North Carolina, there are 3 types of assault and battery crimes listed under the misdemeanor status. That being said I only handle cases in Union and Mecklenburg County. I want to know will this stay on my record ? She has never been in any trouble before. North Carolina was one of the last holdouts that charged 16 year old children as adults for any and all criminal offenses- now that mainly applies to serious felony and driving offenses. Protecting your Privacy ~ Your privacy is our primary concern. I am not sure I follow. You should be eligible under the new law if the case was dismissed. This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. I am not sure what you are asking. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. In addition to misdemeanor assault charges, North Carolina recognizes many types of felony assault charges. If an application asks without qualifiers then I think you should disclose or risk them holding that against you. Take a look at the newly created AOC-CR-287 for dismissed charges. I received a misdemeanor paraphernalia charge in 2014. Only misdemeanors and felonies are eligible is my understanding. Simple assault is a Class 2 misdemeanor. These may include: It is a Class F felony if an alleged offender assaults another person and inflicts serious bodily injury, which is defined as bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.. Sounds like you are jumping the gun. Multiple convictions from different incidents creates a problem. Thank you for answering questions. I have had a perfect record since then, own a business, etc. 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. The process includes multiple steps From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. I would suggest speaking with an attorney in that county for assistance. Although she was convicted and the felony is on her record, she had just suffered a nearly fatal brain aneurysm and her husband had just divorced her. The expunction process due to the backlog generally takes 9-12 months to finalize. I was giving probation and completed and have not been in any trouble prior or since. can he hire a lawyer to take it before a judge or DA. You would need to reach out to someone in Wayne county to determine if that is a realistic option. If so, you would have to have get some reopened and dismissed. I highly recommend them if you Due to this, a victim of assault will not have the ability to drop the charges. Thank you! Under the new law effective December 1, 2017 law enforcement will have access to newly expunged charges. Appointments outside regular office hours are available upon request. 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. I am a two-time felony from 91 + 93 can this record be sealed. Any likeliness for that to be expunged? It doesn't matter that I completed my probation without it being revoked, paid all my restitution/court costs, & lastly have not been charged with ANY more charges since!?! The local Court then usually places the matter on in front of a Judge which can take another 3 months on average. First, are you seeking employment from a job that requires extensive background checks? me and in every instance he has exceeded my expectations. Can my felony and misdemeanor be expunged? Do I qualify? Assault with a deadly weapon is more serious can be charged as a misdemeanor or felony. What if you were convicted with one misdemeanor of possession but were charged with 3 counts of misdemeanor possession 2 counts of evading 1 count of misdeanor poss of malt bev and 2 counts of poss of parafanalia, do you think I could get my record expunged? Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. It was in my car, I stayed in jail for 7 months. Talk to an attorney in the county of the convictions to see if you have any options. 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 There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. He's very thorough and efficient. This field is for validation purposes and should be left unchanged. This is because North Carolina has taken the position that violence against women is much more serious than other types of violent crime. How old were you when charged? What county was the conviction from? Some of the possible defenses that may be used against assault charges include, but are not limited to: Have you been charged with committing one of these types of crimes in North Carolina? 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. They sent me a letter in the mail explaining that I have worthless check misdemeanors stemming back 18-20 years ago when my husband was a contractor and we moved around a lot. how long will it take to expunge? CONVICTED OF FELONY EMBEZZLEMENT 4/2008, WOULD THAT BE ELIGIBLE FOR EXPUNGMENT? This hard rule no longer applies, although there are limitations when prior convictions were expunged. 15A-146. That being said, you could always list the extra charge and see if a Judge will sign off on it. I also have a three possession of up to one half-ounce of marijuana charges, two are from 2004 ( June and October ), and one from July of 2008. I do not have any specific advice on sealing records other than to contact a local attorney to explore your options. They are reflected as pending charges.. Charges never automatically drop off your record. Approaching or blocking a person while carrying a weapon open or concealed or an imitation of a weapon in order to intimidate through fear. You would need to speak with someone in that county to gauge your chances of reopening an old case. I made a mistake in 2007 driving with 3 beers in me - I was .08. I got a certificate of relief. 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. Thank you in advance for your help. I lived in Georgia at the time. Also, not having a job I was not able to pay my fine and still owe. Comments are public and are not protected by confidentiality or attorney-client privilege; therefore, they can be used against you in court. The 5 year misdemeanor wait time starts to run after probation is completed. 06/16/2001 Simple Assault 1 How Much is Bail For Simple Assault? Were they two separate convictions from different incidents? Under this law, an individual who commits an assault, assault and battery, or affray is guilty of a Class A-1 misdemeanor if he is a male over 18 years old and assaults a female, and there is no other law that provides a greater punishment. I got two felony BE and one mis when I was 16 Im 38 now can I get then Expunged. You should be eligible to move forward on the dismissals now. The perpetrator claims that he had gone to siphon gas from the overturned lorry but could only manage to fill one bottle amidst the mob. I am on unsupervised probation as of 8/14/18 for 1 year.. Do I have to wait until I finish probation to get the charges reopened? The only felony convictions that are eligible are lower level Class H and Class I. Do I have a chance to appeal those convictions? Is it possible that I can get this expunged. If you have been arrested for domestic violence, you need the assistance of an experienced criminal defense attorney to avoid the severe penalties you face if convicted. 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. Thank you. 14-318.2. It appears that charge may be possible to expunge, although I have never attempted to do so. How many years ago was the conviction? Is it possible to get this expunged? WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. Have not yet went to court.. but attorney is very confident he can get charge dismissed. For repeat offenders, jail time can reach 60 days. Hi, My wife took a 50-B out on me in 2000 and I broke the order no violence and plead guiltywhen the case is looked up it says expired what, if any are my choices I would love to get this expunged cause my wife and I are still married for 26 years now. 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 information does not infer or imply guilt of any actions or activity other than their arrest. Under the new law can have these expunged? Can I get these expunged? then between 2000 and 2002 had some misdemeanor worthless checks. Assault convictions for those over age 18 on the date of offense are not eligible per statute. See if you can get the misdemeanor convictions reopened and dismissed. The last thing you want to do is pay the fine for the worthless check charge. I really dont want to pursue this anymore . There is no waiting period to expunge a dismissal. eelony charges, just like misdemeanor charges stay on your record in NC. Thank you. Dismissals are free to file. So are you saying I need to just ask for a dismissal and not pay the fines. You should certainly be eligible to erase all the dismissals and not guilty cases under the new law. Is there a way to have the conviction expunged or dropped to a misdemeanor? I am now 43 yrs old. Will he be eligible to have the charge expunged in North Carolina? 5 years ago I was charged with a class I felony of attempting to obtain a controlled substance through forgery/fraud. Contact an attorney in that county to confirm your options and local procedure. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that I have never heard of someone trying to expunge an infraction. WebContact a Simple Assault Criminal Defense Attorney Today. 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. So with your Witt law pa attorneys do they do help with expungements? Possession and maintaining a dwelling. The conviction was from 1990 when I was 17 years old. A Users Guide to Eminent Domain in North Carolina, U.S. 70 Improvements Project: Brier Creek Parkway and T.W. Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. 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. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. What county is this from? My question is am I eligible for expungement in wake county after 5 years for misdemeanor per new law enacted in dec 2017. i.e. How old was the defendant at the time of the charge? There is no wait period for dismissed charges. i also have a misdeamnor assult in 2013, that resulted in a PJC, however it was verbal and not physical I just dont know why this was noted on my crimminal background as assult. 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 WebSimple Assault in Raleigh NC. State Bureau of Investigation. Were they both convictions? Crazy because the assault on a female was dismissed. Hi I was convicted of possession of stolen goods and then one year later I was convicted of felony breaking in entering this happen 35 years ago after I was 18 can I get two separate class H convictions expunged with this new law thanks. She (the victim) told me she was coming to court to tell them what happened but didnt show up. They are all misdemeanors.The 3 misdemeanors were in all 1 occurrence and they were in Mecklenburg County and the 1 was an assault charge that occurred in Stanly County in 2011 that was dismissed. Class F is considered a serious felony and convictions are not eligible for expunction. Commit assault on a family member, though, and its a whole different matter. You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. Simply verbalizing or acting in a threatening manner will be deemed assault. Did you not have a lawyer originally on this case? Alexander Drive, Capital Boulevard North Upgrade (Wake Forest to Raleigh), North Carolina General Statute 14-33(c)(2). Raleigh Law Office (919) 615-2473. Is that your only non-driving related conviction of any kind? I wound up taking a plea bargain for possession. Violent felony convictions are typically never eligible for expungement. I am guessing I can resubmit under the new law but do not want to waste another $175 unless I know it will be cleared. Trying to get a non violent felony expunged bit the 14.oo bad check 30 years ago that I paid for is in the way. Thank you in advance! Welcome; About; Practice Areas. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. Reach out to a local attorney to confirm your options as application of the law varies by county. I am 44 years of age. The State Bureau of Investigation "SBI" will review your petition for about 3 months and decide whether you are eligible based on the applicable statute. Can anything be done with those? What website do I go to that will have the correct expunction petition/forms?? Could it be expunged? 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. To expunge non-violent feloniesno prior misdemeanor convictions within the prior 5 years instead of the entire 10 or 20 year wait period. Were you originally charged with a felony and it was reduced to a misdemeanor? Can I get that charge expunged? What can I do? Ty for answering questions . WebSimple assault is a misdemeanor offense in North Carolina. Are there any fees when filing as I would like to do all the paperwork myself. What county is this conviction from? Assault and Battery Battery is the actual physical contact with another person. It took place in Lee county, NC. Many nonviolent felony convictions that are either Class H or Class I will be eligible under the new law after a wait period of 10 years. There is a modest filing fee for convictions which is usually $175 or less depending on the charge. Can I get my conviction expunged and legally own a firearm. Charges: Charge Description: SIMPLE ASSAULT Bond Amount: $1,500.00 Charge Description: SIMPLE ASSAULT Charge Description: SIMPLE ASSAULT ** This post is showing arrest information only. You should be eligible if it was a misdemeanor or low level felony. In some cases, the person may be ordered to stay away from the victim or to take anger management classes. The 2 convictions were was DV Protective Order Violation. Does the G felony keep me ineligible of expunging the DWI charge, even though it was non-violent? That being said, you should reach out to an attorney in the county where these charges originated to see if you have any options. An intervening event may qualify as a Distinct Interruption, such as the opportunity to calm down, thus resulting in a lapse of time. So when should I be able to get all expungement. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. If you can't afford one you can ask for a public defender. Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. Then the finalized petition is sent back to Raleigh where is sits on their growing stack of petitions to be processed where it can take another 6 months before the process is complete. You will be under the new law, which just happens to go into effect tomorrow. I had a couple of review dates and my final review date was last week. Is embezzling expungable? 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. The first and only offense I had and will only ever have. Hi, He received a PJC from the courts as a result; which from my understanding is still considered a guilty plea or something similar to a guilty verdict because it shows up on his record. The State concedes such at the appellate level in North Carolina vs. Jeremy Wade Dew, No. He served Honorably in the Army for 20 + years. Call us today at 980-272-8438. You could always try and file- the worst thing that can happen is the Judge refuses to sign. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. Seems like it would be counter productive to keep a college grad from employment for such a thing? 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. You should be eligible if that is your only conviction and you meet the time requirement. Infractions such as Improper Equipment are simply not eligible. As soon as a charge is pressed, a pending charge will appear on a background check. And he had not been arrested since. Am I eligible for expungment? 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. 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. 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 Completed my sentence in 2002. As part of the same initiative, House Bill 280. , which goes into effect on December 1, 2019, raises the minimum age to be charged as an adult to age 18 for most non-violent offenses. I only handle Union and Mecklenburg County, but give me a call to discuss How many changers can you get expunged at one time. Is it difficult to have a case reopened and then dismissed by the DA?
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