simple assault charge nc

They represented me in Court and by midday on the Court date, I got a few charges back in January of 2015. The evidence presented by the State must prove or showa distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. Did you not have a lawyer- that type of charge can often be dismissed via community service. I have a simple possession of marijuana charge from 2012. The policy of law enforcement in Wake County is that if the police are called, someone must be charged, even if there was no laying of the hands or any physical contact. Please contact us online or call our Charlotte office directly at 980.207.3355 to schedule your free consultation. I have never had a charge before or after this one incident. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. I hired him twice for two different cases that I had . I was charged with a misdemeanor assault 2 years ago, the case was dismissed and i was granted an expungement. https://www.nccourts.gov/assets/documents/forms/cv654-en.pdf?4tqxbrLvOPWIB2i6xD3RzkMbHwwiM9Dl. CLASS F FELONY. Depending on the charge, the new expungement law stipulates wait periods ranging from 12 months to 10 years for those under age 22 at the time of the conviction. The misdemeanor version of this offense is a Class A1 misdemeanor. They sent me a letter in the mail explaining that Smith's Criminal Case Compendium A conviction for simple assault can result in a fine of up to $1,000 and up to 30 days of jail time or community punishment for a first offense. Do I qualify? For criminal cases there may even be an outstanding. I am trying to pull together information and put together a letter for the governor about this issue. will expunging my non violent felony allow me to buy/own firearms legally again? The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. There are mandatory reporting requirements such as the duty to protect children from abuse and employment-related obligations, but aside from those examples, the general public is not required to stop or report crimes. I also received an infraction for failing to maintain lane control that was also dismissed. It may be possible if you were under 18. Lincoln County Sheriffs Arrest Reports for March 1, 2023 I was convicted in 2011 of involuntary manslaughter. Is there absolutely no way to get this expunged? Thanks! I believe you are going to need to hire a lawyer to file a MAR or Motion for Appropriate Relief to get the fish ticket reopened and dismissed before you are eligible to remove any charges from your record. There would be a shorter wait period if you were under 18 on the date of offense. Both charges will certainly appear on your record. I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. In 2016 I turned myself in on a FTA regarding 2 shoplifting charges. I was only sentenced to probation and to pay money but it took me up until 2015 to pay off all of fines. The charges were in Rutherford county North Carolina. It was later reduced to misdemeanor assault on female in 2012. I recommend finding 1 lawyer who knows what he or she is talking about to handle everything. I have nothing else on my record. Although an expunction should remove the charge from your official State record there are private databases that may still retain data even for expunged records. 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. Had charges misdemeanors non violent over 10 years ago. I was 17 at the time and its really hindering my ability to get a decent job. Assault With a Deadly Weapon. 2 DV protective order. Multiple convictions from different incidents creates major issues. Is that possible with 1 count of trafficking cocaine? 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 was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. That is a rather risky venture to undertake without an attorney. I had no lawyer because I was unaware of the affect that the charge would have on my record! 1. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. Since 1957, the criminal law team at Kirk, Kirk, Howell, Cutler & Thomas, LLP have helped individuals wrongly accused of assault and other violent crimes. Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. 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. I was searching to find out more about the expungement process when I found your blog. 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. Self Defense considered an affirmative defense as the defendant acknowledges the event occurred, but only did so in response to self preservation. Communicating Threats of Violence Is then between 2000 and 2002 had some misdemeanor worthless checks. me and in every instance he has exceeded my expectations. Please go ahead and text a picture(s) of all of the paperwork related to your ticket or charges to 252-299-5300. Thank you for the Q/A opportunity, I was charged with simple assault on then boyfriend only out of self defense. If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. Both were at the same time 11/2009. I was convicted of B.E and B.E. I'm 21. Any dismissed case is eligible for expunction assuming you have no felony convictions. I would certainly recommend hiring an attorney. If it matters I was well over 21 at the time of both arrests. That case was dismissed due to her perjuring(lieing). Assault I was 25 years old, i was sentenced to 12 months supervised probation. I had a DWI conviction over 30 years ago, and I find it a bit absurd that these offenses should stay with someone for their lifetime since much more serious offenses are available for expungement. Every question I asked the arresting officers response was "I do not recall". The exact procedure for getting the signatures of the District Attorney and Judge varies by county and I am not familiar with Catawba County. No other charges before or since. Is this a case of ID fraud or did you actually receive this ticket? Assault You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. I got convicted of Communicating Threat back in 1999. Not sure what no longer had jurisdiction over you because probation had expired means. why do they make it difficult. Many Just got with DWI, but have to go to court to fight, so hopefully it wont be a probation violation. 2) Not Guilty? With these other charges (DUI in the early 90;s, intoxictaed and disruptive in the later 90's and a possess drug paraphernalia as well), it seems I cannot have my felony expunged. I am now 43 yrs old. Is my case consided dismissed and eligible for an immediate expungement? I had so many job offers but each time they run the background they cant accept me if theres any info you can provide that may help please share. 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. Is this true? You should be eligible if that is your only conviction and you meet the time requirement. Such a situation would be a disaster, not to mention unlicensed practice of law is a crime. 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. You would need to speak to a local attorney to see if you have any other options. For straight dismissals or after successful completion of the. 14-54(a), 14-54(a1), or 14-56. him after hours through phone calls, texts, and email. Trying to go back and undue a guilty plea to a felony is not going to be easy. And would there be a waiting period and fee to apply for an expungement? The first felony would not be eligible due to subsequent convictions. No other trouble ever. Plead guilty to misdemeanor larceny in 2015, paid fines, completed everything I was supposed to. in 96 i was charged with aide and abed forgery to obtain property by false pretence ( someone stole my checks and wrote them on closed account i didnt tell on them) there was multiple checks each a felony.15 in all no trouble since then except a seatbelt which was dismissed prior to 96 i do have dwi driving no license, Multiple convictions from different incidents usually creates a problem. Usually you need the consent of the DA to reopen a case so mostly it depends on if they care about the charge or not. in 1991 I was 18 and charged with 4 counts of misdemeanor assault on child under 12. Please advice. 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. You probably have to get the old misdemeanor conviction reopened and dismissed before you are eligible to expunge the felony conviction. What makes this charge unique is that if a female assaults a male, she is usually charged with misdemeanor simple assault unless there are serious injuries. What is Simple Assault? (Definition, Examples, & Penalties) 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. If you want to change the record from guilty to dismissed in the interim that may be possible with a MAR or Motion for Appropriate Relief, but will likely require an attorney and cooperation from the DA and Judge. If this offense if beyond all redemption than all people who get charged with this one time and one time only need to be charged a felons with no hope of ever excusing one mistake. 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 are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. I was charged with Statutory rape when I was 19 and it got dismissed. I was in my mid-twenties. KAELIE CATHY KENNEDY Arrest Record - Jail Records Your only remedy at this point may be a pardon from the governor. Charges never automatically drop off a record after a certain number of years. Am I understanding correctly that I qualify? Never had someone try and expunge a speeding charge before, mainly because under the old law you were only granted 1 per lifetime and nobody would dare waste it on a speeding ticket. I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. Recent Booking / Mugshot for STEPHEN DANIEL CORN in a distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. So when should I be able to get all expungement. How old were you when charged with these charges? Can I get that charge expunged? Reach out to an attorney in Wake county to see if they recommend filing now or waiting until May. You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. I caught a cocaine charge in 1993, it wasnt even a gram. We are trying to get 4 charges expunged. You would likely be filing statute 145.5 which uses Form AOC-CR-281. Call us today at (980) 207-3355 or fill out our contact form for a prompt response from a member of our legal team. It was a class H felony at the time. If the accused hires an attorney, there is the cost for the legal fee. Misdemeanor convictions wait period reduced from 15 years to 5 years. There is a 10 year wait period to remove felony convictions. I was convicted for common law robbery (Class G felony). Class D felony convictions are not eligible for expunction. If you face assault charges on the Outer Banks of North Carolina, Danny Glover, Jr., is available for consultation. Arrested on Domestic Violence Charges? The Process Did you not have a lawyer originally on this case? Domestic Simple Assault 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. 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. How much should I expect to pay for Atty and court fees..Charges are 17 old as of March. 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. That was my first time in trouble ever. By wiped clean they probably meant the charges would be dismissed. Copyright 2017 - 2023 by Coolidge Law Firm | Kirk, Kirk, Howell, Cutler & Thomas, LLP That being said, you should check with an attorney in the county of the charges as that is where any paperwork would have to be filed. While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. I know before it was at east 5 years of waiting. Fees vary by attorney and county, but that seems a little high especially from the attorney who represented you on the underlying case and already has an open file with all the necessary information. Court date is coming up in April. The fact that you were charged is never wiped clean absent an expunction. In North Carolina, a deadly weapon is basically anything that could be used to kill someone. There are two types of actions that constitute this crime: Simple assault is a Class 2 misdemeanor. Kirk Kirk Law. These are H & I felonies. 3) Dismissed? I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. Multiple felony convictions in different years are usually a problem. His passion for his work and in helping others shines. are in need of Legal Services. Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. See the language from the AOC form below: I got a certificate of relief. I received a pjc on misdemeanor assault on a female in february 2001. Getting convictions reopened is not easy and sometimes impossible. 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. If it was a felony conviction- what class? So the easy solution is simply to tell everyone to seek legal advice from a licensed professional. Contact our Simple Assault Lawyer in Greensboro if You or Someone You Know is charged with Simple Assault in Greensboro, High Point or Asheboro. 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. 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. DUI convictions are simply not eligible per statute. CriminalDefenseLawyer.com NCSBI - Expungements Be aware if rejected it could certainly slow down the process. The only felony convictions that are eligible are lower level Class H and Class I. 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. What was the outcome of the charges? 25 years ago in college, I pleaded guilty to a charge and had it expunged. If all the convictions were from the same incident (excluding traffic offenses) you should be eligible. They represented me and Talk to a local attorney about the possibility of reopening one of those cases and getting a dismissal. 30 day window for filing expunctions in multiple counties. I was 18 when charged 19 when convicted. He's very thorough and efficient. There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. It sounds like the lawyer you spoke with gave you good advice. You should reach out to a local attorney to see if you have any other options. I highly recommend. I have a felony conviction of posses schedule VI (principal) in 1994. WebSimple assault is a Class 2 misdemeanor that carries potential penalties of 30 days in jail, probation, and a fine of $1000. I am now disabled, and can't travel to appear there in court. This can be tricky, but a simple rule of thumb is any direct, physical contact is considered battery. Consent the victim approved of the action prior to the act. Ive did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. F Maint/Dwell/plce/vhec Am i able to reopen that case and get it dismissed in Wayne County NC? What county is this conviction from? I would recommend running a criminal record at that time to verify the charge is removed. 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!?! 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. In 2001, I was plead guilty to MISD B&E (PRINCIPAL) and was sentenced to 6 months SS with 36 months probation. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. Thank you for replying. I am not aware of any law change in NC outside of local government jobs. If the worthless check resulted in a conviction that likely is a problem. 1st assault with a weapon and assault on a female. Also, what traffic offences will invalidate the expunction? Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. WebOur criminal defense attorneys are breaking down how aggravated assault differs from simple assault and the charges you may be facing. Still 21 at the time. The judge felt those combination of events made her not fully in her right mind and so only sentenced her to probation. Would having an attorney be better in the process here? I was told at the time by my lawyer I can get this expunged in 5 years. Your Assault Charges in North Carolina Depend I was told you would probably need clear evidence of innocence to do that. I asked for continuance because of this and was denied. 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 was charged with resisting an officer , put on probation for 18 months in 2010. 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. Officially, even if the charge is dismissed as part of a deferral program, the charge cannot be expunged. I never knew it had been dropped to Assault on a female until recently. Dewey P. Brinkley is a former Wake County Assistant District Attorney. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. No trouble since then. David immediately showed his support and listened with an empathetic ear. Under the new law can have these expunged? I was convicted of drug trafficking 18 years ago in NC when I was 22 and never had been in trouble before or since. Can I get these expunged? in 2022 may I hire attorney and start the process for expungement though I had misdemeanor in durham county stating VD.