Simple assault is a misdemeanor offense in North Carolina. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, or a finding of not guilty or not responsible is entered, that person may apply to the court of the county where the charge was brought for an order to expunge from all official records any entries relating to his apprehension or trial. Is disorderly conduct expungable after Dec. 1? Misdemeanors are punishable by a fine and/or up to 120 days in jail. Not sure I follow. Would be easiest to just wait until December 1 so you can include all five on the same petition assuming they were all from the same county. While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. The misdemeanor version of this offense is a Class A1 misdemeanor. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? There are three different types of assault crimes listed under North Carolina General Statute 14-33. How long would it take? Those jurisdictions consider arguments, slapping, or pushing as simple assault cases. How old was the defendant at the time of the charge? The crime of assault is governed by and subject to the common law rules Danny Glover, OBX Criminal Defense Lawyer. Elements of the Criminal Offense. Are you talking about expunction or a pending charge? My lawyer said I need to wait for 5 years after the period of unsupervised probation and he mentioned I am eligible for expungement after or on July 18, 2023. What was the outcome of the charges? What exactly was this person convicted of? A deferral program will have costs associated with any recommended treatment or community service requirements. They represented me and All charges were dismissed. Convicted in the same session of court. Before sentencing I left and joined the military and have been serving for 18 years now. Charges i paid court cost and that was it. Every few years they expand the eligibility so keep an eye out for future amendments to the law. You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. I am not aware of any recent changes to NC laws regarding restoration of gun rights. I was 17 years old. Also flee to elude was reduced to disorderly conduct? TAMARA KENYATTA JAMES was booked in Catawba County, North Carolina for SIMPLE ASSAULT. See the language from the AOC form below: He will listen to you and is so very supportive. Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. Domestic Violence Charges and What You Need to Know. I was convicted of poss cocaine 2008 class I ..and sell/ deliver schedule 1 2010 class G .I know you said multiple convictions is a problem ..if I was to erase cocaine charge could I come back later and erase schedule 1 charge even tho it's a class G. Class G felony convictions are simply not eligible per NC statute. Both charges were dismissed. Hello, my friend will have an assault charged dismissed soon, he is over 18. i actually tried last year for expunction was told there was just to many, and the DA wouldnt do it. Thank you in advance for your help. Home Criminal Charges Violent Crimes Assault. Only lower level Class H and I felony convictions are eligible. I was told I can apply for an expungement and have it removed completely but the attorney told me the law changed Dec 1, 2017 for NC and basically Im not eligible because of my age but researching websites and other material, I believe I am eligible. WebTypes of Assault Charges Simple misdemeanor, least serious (minor injury or limits to the threat of violence) Approaching or blocking a person while carrying a weapon open or gave me the fees straight out on the letter including court costs. Only lower level Class H and Class I convictions are eligible. There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. Is this true I can have both of cases expunged now. How many years ago was the conviction? And also tell me anything i should be aware of, and if I'm eligible, please tell me where to start. Was put on 12 months probation. Is this elegible for expungement or motion for apropriate relief? Only lower level Class H and Class I felony convictions are currently eligible under NC law. me and in every instance he has exceeded my expectations. This is because North Carolina has taken the position that violence against women is much more serious than other types of violent crime. If I got a expungement under the old law will the new law have a effect on my expungement? I was wondering how bad my situation is. Thanks Jason. 15A-145.5? Take a look at Form AOC-CR-281. Some jurisdictions include physical attacks as part of the assault. I was 25 years old, i was sentenced to 12 months supervised probation. I assume this was a conviction- what county is this charge from? The charge gave me 16 felonies non violent and not drug related or anything, I was wondering if there was any way to get this expunged or how long I would have to wait. This was in 2006in Cumberland County. What county are these charges from? I have 2 simple assault cases that where dismissed can I have these expunged? Is embezzling expungable? What county is this charge from? Five years of probation sounds much more like a felony than misdemeanor. Can I ever hope to get it expunged and sealed and find meaningful employment and have a normal life again? If by removed you mean expunction that usually takes 9-12 months to finalize due to the backlog in Raleigh. What county was this charge from? 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. I should be off probation in 2019. So the easy solution is simply to tell everyone to seek legal advice from a licensed professional. You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. Charged with Assault in North Carolina? What You Need to Know A Users Guide to Eminent Domain in North Carolina, U.S. 70 Improvements Project: Brier Creek Parkway and T.W. Multiple convictions are usually a problem, but there is also an exception for traffic offenses. I have a conviction 4/2009 non- violate felony at age 42 could i get an expungement to have that removed? And he had not been arrested since. Your options depend on how long ago this PJC was given or whether you can have the PJC converted to a dismissal. No idea what they were. I was convicted of B&E and Larceny back in 1992 when I was only 17 yrs old. I would recommend contacting an attorney in Iredell now to line things up. We (my daughter, myself, the girl she fought, and the girl's mother) went to court for mediation where they admitted they fought and they had to sign a letter stating they wouldn't fight in school again. Also, I have several speeding tickets that were dismssed for improper equipment. 15A-145- forms are about to be updated for the law change effective December 1. It was back in 1995 in Harnett County. I received a misdemeanor paraphernalia charge in 2014. If the offense of assault was before the person turned 18 they have an opening under G.S. 4. 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 Lincoln County Sheriffs Arrest Reports for March 1, 2023 F Maint/Dwell/plce/vhec What county are these charges from? I am now disabled, and can't travel to appear there in court. The process typically takes 9-12 months, but varies by county. Hi Jason. You were eligible to file the moment the charges were dismissed. Any special form for it? 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. This was in 1975. Are you applying for a job prior to conviction? I was searching to find out more about the expungement process when I found your blog. Drug convictions can be expunged depending on the exact charge and age of the defendant at the time of the charge. 4. Asked him about and expungement, he stated I wasnt eligible because of my age. Sealing a criminal record is not something I have seen in NC. This was my first offense and last. Only lower level Class H and Class I felony convictions are eligible per NC statute. I really dont want to pursue this anymore . Because the person they said I conspired with got off with my plea. Grady Adam Allen, 40 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 1300-BLK Goldrock Tr, Maiden. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. thank you. Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. Are these you only convictions of any kind? I have 12 felonies (6 B&E, 6 corresponding larcenies) all from the same event, in other words all in the same building, same date but multiple charges & convictions resulted because it was and building with multiple entities. North Carolina Assault and Battery Laws - FindLaw Call us today at 980-272-8438. If your civil rights are restored can a person legally apply for a concealed weapon permit? What county were they from? 28 years ago a kid just turned 16 by 1 week and was charged with discharging a firearm into occupied property. Reach out to an attorney or the Courthouse in that county to find out local procedure. 3) Dismissed? The clerks can't give you legal advice- what county is this from? Simple assault and battery are usually charged as misdemeanors, but they can be bumped up to felonies in some cases. Did you not have a lawyer- that type of charge can often be dismissed via community service. It does not matter if the act was intended as actual threat or just for fun. Multiple unrelated felony convictions are usually not eligible, but you should consult with a local attorney about other options such as a MAR on one of the charges. Communicating Threats of Violence Is I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. I never went to court, or was ever was arrested. That being said, you can always reach out to a local attorney to see if you have any options to reopen a conviction. The latter charged resulted in a "process other" 48 hours active for probation violation from first charge. I know before it was at east 5 years of waiting. Probation will be done in 2019. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. The answer is maybe. I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. 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. Will I be eligible at any point to have the FELONY expunged? Does this mean that I simply have to file a separate form for each rather than putting them all on the same form or do I just have to pick one until the new forms are out and the new law goes into effect? Simple assault is the least serious assault charge in North Carolina. 2. 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. Use of this website or submission of an online form does not create an attorney-client relationship. (b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and But I now it shows up on my background. We've been told before that it wasn't but I thought maybe with the new law it will be. I have nothing else on my record. As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. I recieved a domestic violence charge against my father at the age of 17. I made a mistake in 2007 driving with 3 beers in me - I was .08. I really felt, and still do, that he really cared about helping me. A gun, knife, car, ax, baseball bat (or other blunt object) could all be considered to be deadly weapons. Could it be expunged? If both of these elements were present, it would be a Class C felony. No other charges before or since. I am not aware of B&E being automatically considered violent in NC. Dewey P. Brinkley is a former Wake County Assistant District Attorney. Then again they may hold the later felony conviction against you. Can i get this expunged because it was dismissed but it still shows up. Thank you. 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. We are trying to get 4 charges expunged. Or is there any other options where it could be dismissed? Did you not have a lawyer originally on this case? In 2001, I was convicted of felony embezzlement. This field is for validation purposes and should be left unchanged. My daughter had a fight at school in 2010 when she was 16. Would need way more information to answer that question. You would need to speak to a local attorney to see if you have any other options. I was charged with dui in 2004 and possession of marijuana in 2012. For charges that originated in Union County, North Carolina the petition must be filed in Monroe. What constitutes simple assault is defined under common law. Can I still get the felony expunged? From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. Violent felony convictions are typically never eligible for expungement. Is this a case of ID fraud or did you actually receive this ticket? 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. I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor. You will need to reach out to an attorney in that county for more guidance. The first felony would not be eligible due to subsequent convictions. I want to know if I can get my record expunged was charged with a felony of assault in 2012 wanted to know what needs to be done in order for me to clear my record. Thank you very much! You should consult an attorney for advice regarding your own individual situation. My cousin got 2 class A misdemeanor drug paraphernalia convictions (the same incident) about 15 years ago in Salisbury, NC 3 years a drunk in public in Virginia, can he get the drug record expunge? Contact our Simple Assault Lawyer in Greensboro if You or Someone You Know is charged with Simple Assault in Greensboro, High Point or Asheboro. I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). Dismissals are free to file. Do I qualify? Form 266 may be the only form you need if you meet the requirements. Multiple convictions from different incidents creates a problem. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? Many people think an assault is when someone lays hands on or strikes another person, but this is not actually the only scenario in which someone can be charged with an assault. I was put on 12 months unsupervised probation. What website do I go to that will have the correct expunction petition/forms?? Does it go from when you are charged or how long they drug it out. All three of my charges are from the same incident/case, but one was dropped from a felony to a misdemeanor and didnt get dismissed like the other two will I still be able to use the 287 form? Assault Charges in NC: What is Assault? - North Carolina I was only convicted of the hit/run when there was absolutely NO evidence against me. WebA person can be charged with an A1 misdemeanor, punishable by 1-60 days in jail, if he commits an assault, assault and battery, or affray and: Assaults a female if he is a male of at least 18 years of age. In 2004 I was found guilty of obtaining property by false pretense. I pled guilty in 2011 and received one year of probation. 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. Commit assault on a family member, though, and its a whole different matter. I am now 35 with only a couple speeding tickets since. It was my first and only charge, and was due to my child not being in a carseat a half mile from our home. I read this above: "For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period". I believe it could, although I have never encountered that scenario. You might want to take a look at AOC-CR-264. Would that be a correct assessment? The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. (2) How do I know which, if any, state or local agencies have a copy of the case record other than Chapel Hill PD? Saw that sections have been repealed.. Is there any possibility he could get this expunged? Thank you, RJ. Were they all convictions? My husband is military and we are currently stationed in California. Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. Your comment will be posted after it is approved. I would recommend speaking with an immigration attorney on this issue. This was 19 years ago. They even And how do,you get the initial judges signature to start process ? Contact an attorney where the charges originated to see if you have any immediate options. If I had a Felony Conspiracy to common law robbery(class h) from 2009. Any word from North Carolina Administrative Office of Courts on when the new form will be available that fit the new dismissal expungement rules? I got a certificate of relief. I was given sentence to complete counseling and paid a $150 fine & 12 months unsupervised probation. They represented me in Court and by midday on the Court date, The main change is a reduction in the wait period to expunge non-violent misdemeanor and felony convictions. You can either file yourself or hire an attorney. I already know it will be dismissed . ), Any object that can be used as a weapon to kill. Any other steps to make to help with my future and career? Thanks! 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. Only lower level Class H and Class I and convictions are eligible. There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense. 1981 conviction of misdemeanor.2007 conviction of dui. There is generally a 5 year wait period if you were over 18 when the offense occurred. There is no AOC form for the affidavit- you will have to create your own or use an attorney. If youre charged with simple affray, he can defend you in criminal court and work for the best possible outcome. i have a hit&run conviction 22yrs ago. I sent comment previously please ignore that. Could i file for expungement and what forms would i use?

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