simple assault charge nc

Convictions in NC involving violence that occur after age 18 generally are not eligible That being said you can always contact a local attorney to see if there is any way to reopen the case and get a dismissal. Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. These were questions I thought of after I spoke with the lawyer on the phone and I didn't want to call back to ask since he seemed so busy. How true is this to a non violent felony? Don't forget you will also have to pay a $175 filing fee. Please refrain from revealing your identify or specifics about any actual criminal case. The punishment for a simple assault, if convicted, depends on your Can my felony and misdemeanor be expunged? Were you originally charged with a felony and it was reduced to a misdemeanor? Also should mention I did all of this when I was addicted to drugs/alcohol and to pay for that habit. Only lower level Class H and Class I felony convictions are eligible for expunction in NC. In North Carolina, assault is broad category that encompasses many, many different criminal charges. See: , 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. 1. I had a misdemeanor-injury to personal property dismissed about a year ago. Now I am applying to medical school and think this may prevent me from becoming a doctor. 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. i have a hit&run conviction 22yrs ago. In North Carolina, simple assault is classified as a Class 2 misdemeanor offense. then between 2000 and 2002 had some misdemeanor worthless checks. Hi, I was convicted of a dui/death by vehicle and served 37 mos. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Or offense. Verified simply means they were notarized. Unfortunately I was arrested for the same charge in 2017, however again the charges were dropped. I was charged with felony assault by strangulation in 2010. Thanks, The contact form sends information by non-encrypted email, which is not secure. Imagine my shock and confusion seeing words like "GUILTY" and "MISDEMEANOR" next to my name. Its not like if there are no witnesses on the first court date teh case gets dismissed- it can be continued many times for the State to subpoena their witnesses to Court. Nothing automatically comes off a record in NC- not even dismissals. My husband is military and we are currently stationed in California. Then, in 2010, I was convicted of felony possession of a firearm by convicted felon. I also had several charges dismissed. It took place in Lee county, NC. I would recommend contacting an attorney in Iredell now to line things up. 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. Would having an attorney be better in the process here? Did his offense involve violence? Do I qualify? But he had been to prison for RWDW. WebOur criminal defense attorneys are breaking down how aggravated assault differs from simple assault and the charges you may be facing. Are you talking about expunction or a pending charge? If you have no past convictions, you may be sentenced to probation or up to 30 days in prison. 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 Or is there any other options where it could be dismissed? I was 16 at time of offenses and 17 at time of conviction. 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. What county was this from? State Bureau of Investigation. The process includes multiple steps I think it's wonderful that you're reaching out to the community. Am i eligible for an expungement? PJC's are treated like a guilty for expunction purposes. 06/13/2001 Simple Assault I was in active addiction during the time of those charges and have been clean since the day I turned myself in back in 2016. WebSimple assault is a misdemeanor offense in North Carolina. Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. I was then offered a plea bargain if I accepted a misdemeanor common law uttering. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The information provided on this site is for general information purposes only. Unfortunately Class A1 convictions are generally not eligible for expunction in NC. What county is this charge from? My question is, our last go around in court i wound up being charged for "comunnicating a threat" for which the magistrate filed the paperwork for me to get picked up on that charge and i was issued a "restraining order" and an "exparte" order as well. I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. WebAssault Charges Carry Harsh Penalties. Class A1 misdemeanor convictions that occur after age 18 are not eligible for expunction per statute. ). If convicted, a person could be sentenced to between 4 months and 25 months in prison. SIMPLE ASSAULT (MISDEMEANOR) KAELIE CATHY KENNEDY, WHITE, FEMALE, AGE 27 (view image), arrested on charge of SIMPLE ASSAULT (MISDEMEANOR) At 100 BLK DAVIDSON DR ASHEVILLE, NC on 02/28/23 11:25:00 Case # reported on 02/28/23 11:25:00 Do I have ANY chance for expungement? I was charged and convicted of sell and deliver cocaine. Misdemeanor assault charges in North Carolina are: Assault with a deadly weapon committed with the intent to kill or cause serious bodily injury. Those are all felonies, I committed at 16. what if you had 2 sets of misdemeanor convictions 5 years apart. Im trying to complete my own forms for expungement. Take a look at Form AOC-CR-281. That being said, you should keep an eye on possible upcoming changes to the law as referenced in the blog above under the "NC Second Chance Act" and contact a local attorney as my understanding is anything is possible if you can convince a local judge to sign the order. Is this true I can have both of cases expunged now. TAMARA KENYATTA JAMES was booked in Catawba County, North Carolina for SIMPLE ASSAULT. He will listen to you and is so very supportive. I completed probation an estimated 2 years ago. On television, we often hear police and lawyers use words like assault and battery interchangeably. I had a Prayer for Judgement entered back in 1989 for Failure to Disperse. If it matters I was well over 21 at the time of both arrests. In some cases, the person may be ordered to stay away from the victim or to take anger management classes. This means that someone will have to participate in the court process to resolve the case; The process will cost money for programs, fines, and an attorney; The accused will have a pending criminal charge on their background check until the case is resolved; If the case is resolved by plea or diversion program, or a guilty verdict is rendered in a trial, the criminal record is completely non-expungeable. My charge was for simple assault. It may depend on the facts of the case as convictions involving violence are not eligible. 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. Can two separate Felonise they are over 35 years old and I have no convictions since then. That is a rather risky venture to undertake without an attorney. Hopefully this broken statute is fixed soon to allow for expungement of such an offense! Will I be eligible under the new law? Thank you for replying. 200 North Pine Street This offense has both misdemeanor and felony versions. I was placed under the 90-96 first offenders and my charges were dismissed years after finishing probation and paying my fines. The clerks can't give you legal advice- what county is this from? These charges range from felonies to misdemeanors. WebThis is why its important to seek out Legal Counsel when it comes to Simple Assault charges, because sadly, theres nothing Simple about it. As to your other questions you would need to speak with an attorney or the courthouse in Orange County as procedures vary by county. I have a PJC for assault on a female from 1998 which was dropped from a rape charge. I have since been diagnosed with PTSD (in remission) in reference to an incident that led to this incident. This was a case of a jilted lover trying to keep me here in NC, and actually found me on Facebook a few years back apologizing for it. Is this elegible for expungement or motion for apropriate relief? Ty for answering questions . I have 2 charges. Infractions generally are not eligible and misdemeanors after age 21 usually have a 5 year wait period for convictions. As an example, ashow of forceorattackcan 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 got a call from my attorney about a month later saying not to worry about it anymore it's been taken care of. My wife didn't press charges and stood with me in court. Ive hit a wall in my career because of this delinquent mistake. Is it possible to get a expungement? Approaching or blocking a person while carrying a weapon open or concealed or an imitation of a weapon in order to intimidate through fear. Is the second arrest eligible for expungement? Possess schedule II (principal) What county is this from? Charges i paid court cost and that was it. 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. WebBasically, all misdemeanor crimes that prohibit the use or attempted use of physical force or the threatened use of a deadly weapon qualify as MCDV when the offense involves a defendant and victim in a current or former "domestic relationship," as defined under federal law. 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. (2) How do I know which, if any, state or local agencies have a copy of the case record other than Chapel Hill PD? If it is a Class H or Class I felony then it should be eligible. I took a plea deal pleading to one count of felony breaking and entering my question or comment would be if after I have fulfilled all probation restitution etc and receive no more convictions over the course of the mandated 10 years is this charge eligible for expungement? I am now 31 and trying to see how I can get this expunged. I was charged with a misdemeanor assault 2 years ago, the case was dismissed and i was granted an expungement. This crime can be charged as a felony if someone assaults a victim with a deadly weapon with the intent to kill or seriously injure the victim. Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. (a) Any person who commits a simple assault or a simple assault and battery or participates in a North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor Offense. I was charged with misdemeanor larceny in 2017. I was told by a judge that I need to pay fines and I will get a class E felony on my record. What do you think? Of all misdemeanor classifications, a Class A1 is the most serious. 04/07/2002 Obtain property by false pretense by writing a worthless check. You would need to speak with someone in Wake county as that is where the petition would have to be filed. This is because North Carolina has taken the position that violence against women is much more serious than other types of violent crime. Felony larceny dismissed. It has become clear to me in my work with judges and lawyers around the state that use of prayer for judgment continueda practice virtually unique to North Carolina, at least by that namevaries. I do not have any specific advice on sealing records other than to contact a local attorney to explore your options. Where do I get the form?. I had that expunged about 3 years ago. Hi. Both charges were dismissed. Do you have any other convictions of any kind? Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. and that MAR thing? That's the only misdemeanor I recall. That being said, I would recommend contacting an attorney in the county where these charge originated to see if you have any options. Thank you. Any person who commits a simple assault, or a simple assault 4509 Creedmoor Rd., Suite 201 Any advice? Any info to number of years I have to wait or does it start from probation ending, conviction, or time of offense. Will I be eligible at any point to have the FELONY expunged? This field is for validation purposes and should be left unchanged. I was over 21 y/o when the incident occurred. I live in Charlotte. Penalties for simple assault and battery can include jail time, probation, community service, and fines. At Kirk, Kirk, Howell, Cutler & Thomas, LLP., we understand the importance of protecting your privacy and will never share your contact information with a 3rd party. Did the DA object? Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. Assaults a child under 12 years old. How can I determine class? I was 20 when charged with Felony Possession of marijuana with intent to sell. The nastiness continued throughout the process, and I find this inexcusable. I was thinking it would be the 266 form since I was 20 at the time back in 2011. Is it difficult to have a case reopened and then dismissed by the DA? Information presented on this website should not be construed as formal legal advice or the formation of an attorney-client relationship. I havent had any felonies since. It was a class H felony at the time. An assault on a sports got 3 dui in the 90s while in army at fort bragg my dl is permently revoked now live in ny cant drive until nc cleares me can i get one of my duis expunged then not have to have a dmv hearing and be cleared to drive because i will only have 2 duis on my record. 4. Is there any possibilities to work out something? I was convicted of class H felony larceny in 2006, with a prior misdemeanor larceny as well as a few prior simple possession charges, would I still be eligible for expunction? Case is pending. No one has ever mentioned these charges and I have gone through several other background checks and I never knew or heard anything about them. They sent me a letter in the mail explaining that My son was charged with a dwi when he was 21 ( was driving home from work at food lion and hit a check point where they said they smelled pot) he went to college and the case was continued for 3 years , he hired a lawyer but was convicted in 2014 . No other convictions except DWI in 2015 The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. I was given a court appointed lawyer on the first court date. Is there any chance to get this expunged. You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed. WebIf you've been charged with an assault, contact the experienced assault charge lawyer at Remington & Dixon in Charlotte, NC. In 2004 I was found guilty of obtaining property by false pretense. Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! I was charged with Class H Felony Identity theft in 2001. Removing multiple convictions will not be so easy. 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 Will the DA tell me what form I need? I pled guilty in 2011 and received one year of probation. In North Carolina, a deadly weapon is basically anything that could be used to kill someone. I could plead improper equipment and get no points on my insurance or license. If, at the end of the day, at 7 years you are back to a first offense, then there seems to be no rationale to not allow you forgiveness for a 1 time mistake that resets to 0 anyway from a court perspective after 7 years. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. Lets start exploring some of the various types of misdemeanor assault in North Carolina.



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