Had charges misdemeanors non violent over 10 years ago. This blog will explore some of the more common misdemeanor assault charges in North Carolina. I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. Aggravated misdemeanor forms of Assault, Assault and Battery, or Affray (public fighting). I was wondering how bad my situation is. In many types of criminal cases, a victim of a crime can request for charges to be dropped and the offender can avoid penalties. It can be difficult to determine whether there is a distinct interruption between alleged assaults. There should not be any court filing fee unless they were dismissed pursuant to some deferred prosecution program such as the 90-96 program. North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. WebAssault by strangulation is a class H felony under North Carolina General Statute 14-32.4 (b). Assault and Battery Battery is the actual physical contact with another person. I was told that my charge would never be seen again after it go in the system?? This was my charges I was convicted in 1997 of felony death by motor vehicle.I was 17. If that is your only conviction you should be eligible. I was charged with Statutory rape when I was 19 and it got dismissed. I was convicted of 4 class H Felonies in the same secession of court in 2006 I had just turned 18 I have no prior convictions or any since should I be eligible under senate bill 445 for an expungement? The NC Court of Appeals has addressed the issue on more than one occasion. If you were over 18 and it was not a drug related offense then you are stuck with the 10 year wait period for a felony per statute. Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. Are these 2 types of charges that can be dismissed? The information you obtain at this website is not, nor is it intended to be, legal advice. I was not convicted and it was dismissed without leave. Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? 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. Even cases of so-called simple assault can still carry significant terms of imprisonment, and convictions can have extremely damaging long-term effects for alleged offenders. The process from start to finish generally takes 9-12 months. Charlotte Criminal Defense and DWI Lawyer. 2. I have not been arrested since the 1995 misdemeanor conviction. Also, 16 years ago I was convicted of a Class G felony for drugs. I know before it was at east 5 years of waiting. 2. Senate Bill 445 does allow law enforcement and prosecutors access to criminal charge information that have been removed from a record. Call Danny now to schedule your appointment. There would be a shorter wait period if you were under 18 on the date of offense. 4. Assault on a female is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. I am now 43 yrs old. What county is this charge from? I met with a second attorney just to see what he thought.. thats when i found out they charged each check as a felony. but basically he was saying the same thing its a lot. I know that the dv charges are not eligible for expungment. I also have a previous charge for the same thing but it was dismissed. Simple assault is a Class 2 misdemeanor. The statute simply excludes traffic convictions as an automatic disqualification. Hello Sir, There is a modest filing fee for convictions which is usually $175 or less depending on the charge. All of the legal charges/troubles I managed to acrew was within a three year period. In 2005, I received a Class 3 misdemeanor, non-violent, hunting violation. Nevertheless, you should always check with a local attorney to fully explore all your options. Is Character Evidence Admissible to Prove Wrongdoing? That's what my lawyer told me. Only 1 Faulty Equipment ticket since then. Can the infraction charge be expunged along with the dwi? Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. Thank you for answering questions. no other convictions Thank you for any information you can give me. Established in 2009, The Chetson Firm strives to get justice for clients. Then when I was released, Immigration had me sign a letter stating 20 years must pass before entering the country again My questions are, What are my chances of having my felony expunged now since over ten years have passed? Iredell county- NC I have never seen it done with a serious felony, but it is technically possible. Related Article: Felonious Assault To only find out now that I can't get my two felonies expunged therefore I probably will never be able to return to the career that I loved with a passion;Teaching Middle & High School High-Risk Teenagers (so very disheartning)!! Simple assault is a Class 2 misdemeanor. Deal was plead guilty and no prison time or probation. Well its been 12 years and if I can't get a expungement. I was charged but not convicted of a worthless check in August 2017 can I petition to have this charge expunged now or do I need to wait 5 years? Simple affray is often charged as a lesser offense when the violence is not premeditated or when there are extenuating circumstances, such as self-defense. I got a call from my attorney about a month later saying not to worry about it anymore it's been taken care of. (So can you answer my question up above. 285PA20 / 2021-NCSC-124 October 29, 2021). 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. You would need to speak with someone in the county of the charge as the following is specifically excluded under NCGS 15A-145.5: You were eligible to file the moment the charges were dismissed. If you face assault charges on the Outer Banks of North Carolina, Danny Glover, Jr., is available for consultation. How long would it take? 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 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. Contact an attorney in that county to confirm your options and local procedure. I paid all of restitution 4,000 before probation. 4) Prayer for Judgment Continued "PJC", If I wasn't a minor can you get a Drug charge expunged even tho it's been almost 20 some odds years and never had any more charges of any sort at all. Am I eligible for expunction? 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. I was convicted of B.E and B.E. I am currently enrolled in college and afraid this will effect my ability to get in the medical field. 21 years old. is it possible to have the larceny charge and the charges for which I wasn't convicted of expunged or would I have to choose? Talk to a local attorney to find out what judges in that county will sign or not sign. John-. You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. Mr. Following an investigation by the N.C. State Bureau of Investigations, Rutherford County District Attorney Ted Bell charged LCSO Sgt. Is trafficking by transport able to be expunged? For felony intent to sell and deliver cocaine.. can it be expunged? You may want to contact the SBI in Raleigh and get their opinion on the matter as that is where the application is sent before the Judge makes a decision.Most Judges seem to totally rely on the SBI position in deciding whether or not to sign off on the petition. Asked him about and expungement, he stated I wasnt eligible because of my age. I was placed under the 90-96 first offenders and my charges were dismissed years after finishing probation and paying my fines. People may be charged with assault simply for threats or shows of force that make alleged victims feel as though they are at risk of physical harm. Hello Mr. Witt, It was back in 1995 in Harnett County. That being said, it is always worth a try- the worst that can happen is that your request is denied. Will I be able to ever get these expunged? 1. 24 years ago . I had community service and paid restitution. A misdemeanor assault case is more typical than a felony, but both carry severe penalties that could affect you for the rest of your life. 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. Multiple felony convictions from different incidents usually make you ineligible for any expunction. So with your Witt law pa attorneys do they do help with expungements? 1997 was 17 years old . Well got convicted with no fair trial sentenced to 10yrs in prison got out in 2yrs on probation for 2yrs intensive.everything over 15yrs done in process was in prison for 6mths 4yrs after for speeding and no license which was still part of the feliny drug charge in 90 also was charged with aditional drug charge some how while was doing 6mths behind bars was no where near place but its on my record in 94 so how do i.get these.charges expunged in state of north carolina ??? However I'm not a U.S Citizen and going through removal proceedings right now, can file for expungemnt? What county is this from? David immediately showed his support and listened with an empathetic ear. It's my understanding I have to wait 10 years after probation ended. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. And new. Hi, I have a Prayer for judgement for a misdemeanor larceny from 2010 and a second degree trespassing from 2012. Also, if the deferred prosecution goes through and she completes what the judge requires, will it be considered dismissed under the that? If your civil rights are restored can a person legally apply for a concealed weapon permit? Please refrain from revealing your identify or specifics about any actual criminal case. Given the 2 convictions occurred within 2 months of each other..what is process other? You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. 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. The injury may not require attention by medical personnel, but if the possibility exists, then the charge is defined as serious. Raleigh, with a population of about 470,000 people, saw 49 homicide deaths, compared with 33 in 2021. They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. What and how is the best and fastest way to get this removed? He should followup with an attorney in the county where the charge orientated. 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? Sounds like you are using the wrong AOC form. To expunge non-violent feloniesno prior misdemeanor convictions within the prior 5 years instead of the entire 10 or 20 year wait period. Was the time on that petition changed any with the new bill? Can two separate Felonise they are over 35 years old and I have no convictions since then. I also took on-line classes to help me obtain my masters degree in Education (only six more credit hours needed)! What county is this charge from? 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 Or offense. North Carolina Misdemeanor Assault and Battery Charges 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. Will the DA tell me what form I need? Was the assault charge dismissed or were you convicted? For repeat offenders, jail time can reach 60 days. 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. In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. What county are these charges from? I got convicted of Communicating Threat back in 1999. I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. Would the new law allow me to successfully have the arrest cleared? Not-guilty outcomes also have no charge. Are You Eligible for an Expungement in Charlotte? I was 18 when charged 19 when convicted. Felony larceny dismissed. However but due to the fact that I have two felony convictions (that occurred on different dates) instead of only one then I'm automatically disqualified for either felony to be expunged!?!? If you were recently arrested for allegedly committing assault or battery in the Raleigh area, you should obtain experienced legal representation from a criminal defense lawyer as soon as possible. 15A-145- forms are about to be updated for the law change effective December 1. NC AGGRAVATED ASSAULT 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. 1. That being said, it is important to realize the 10 year period does not begin to run until after any probation period is over. Any criminal conviction will remain on your record indefinitely under the laws of North Carolina. To misdemeanor. 25 years ago in college, I pleaded guilty to a charge and had it expunged. Assault Charges 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. Dewey P. Brinkley is a former Wake County Assistant District Attorney. I was convicted of felony b&e of a motor vehicle. You would need to speak with a local attorney to see if anything can be done. Thanks. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Is that a correct assumption? What would be the charges? You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. No lawyer is required to petition the Court for a record expunction in NC. Thus far would I be correct to say that I can apply for all the dismissals to be expunged (in the appropriate county)?!? i have a hit&run conviction 22yrs ago. . Verbal and written threats will contribute to the charge. I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. Absolutely! Were the convictions from the same incident? 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? I believe a PJC is treated just like a conviction for expuntion purposes; therefore, you would need to have the PJC changed to a dismissal or not guilty before you would be eligible. Expunction of records when charges are dismissed or there are findings of not guilty. I was not arrested for this incident . I caught a cocaine charge in 1993, it wasnt even a gram. VD = Voluntary dismissed. Multiple convictions from different incidents is usually a problem in expunction. Crime against nature under N.C.G.S. There are two types of actions that constitute this crime: Simple assault is a Class 2 misdemeanor. You probably have to get the old misdemeanor conviction reopened and dismissed before you are eligible to expunge the felony conviction. 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. CLASS F FELONY. I asked for Deferred prosecution but I have no idea if I will still get a fine . Dismissals cannot be expunged if you have any felony convictions. If I had a Felony Conspiracy to common law robbery(class h) from 2009. I believe it could, although I have never encountered that scenario. 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. 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? 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. If so, the answer is yes. We provide a free consultation for OBX criminal charges. So a minor misdemeanor I would not qualify to rid of a non violent felony charge I'm talking years, Trying to decide if it's worth getting bullied or fighting this issue. This is a Class E felony if there was a serious injury or the intent to kill. Any error can lead to a major delay, in an already lengthy process. That being said, but you should check with a local attorney on your exact age om the date of offense or to see if you have any other options such as a motion for appropriate relief. So am I eligible again for expungement in 2022 for this 2 misdemeanours in wake county. I was just pointing out that issue for other readers. Domestic Simple Assault in North Carolina. Multiple convictions from different incidents is a problem. I do not have the answer as to whether it will allow you to obtain a gun permit. Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. 14-33 Assault on Female. It will be up to the prosecution to determine if a plea deal will be offered. Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. I was anxious and nervous about my case from the beginning. I lived in Georgia at the time. Your comment will be posted after it is approved. I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. I want to go the route that erases this totally from my record and can I do this without a attorney or do I need one ? We explore these types of assault charges in our Felony Assault in North Carolina Blog. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). It resulted in a delayed deferment and ultimate dismissa because I competed the classes (first time drug charge)l. I submitted for an expungement of the arrest record but it did not clear as apparently I used my one and only expungement back in the late 90s. Lincoln County Sheriffs Arrest Reports for March 1, 2023 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. 1. Do I qualify? What if it were the exact same charges, onlly you were 16? Along with the 287 form, could you tell me which other forms I would need? While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. Can I get an expungement on the larceny? I have nothing else on my record. You should contact a lawyer in the county where these charges occurred to see if the larceny conviction can be re-opened and dismissed. What county is this conviction from? Please advice. https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-415.4.html, Here is a link to the AOC form PETITION AND ORDER FOR Simple Assault Under 15a-145.2 (a) (2) Verified affidavits by two persons? There is no fee to expunge straight dismissals, that did not involve deferred prosecution. Have not yet went to court.. but attorney is very confident he can get charge dismissed. From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. thank you. can anything be expunged? To expunge a felony conviction you can't have any other convictions. Ultimate rejection occurs when the Judge refuses to sign off on the Order. These are my 6 felonies i got at 16 years old, 1)Violate Regulate Controlled Substance Act [Attempted], 2)Common Law Robbery [Attempted], 3)Posses With Intent to Sell Schedule IV Can me and my friend / wife / co-defendant hire the same lawyer? Ty for answering questions . Violent felony convictions are typically never eligible for expungement. That got expunged. North Carolina Criminal Statute of Limitations Laws You would need to speak with someone in Wake county as that is where the petition would have to be filed. In his frustration, he lit his bottle on fire and threw it away, causing the fire to break out. Any person who commits a simple assault, or a simple assault Also, I think I should note that these charges stem from two arrest, not four separate arrest. A large number of our clients have gotten into a heated argument with their spouse and have called the police to help mediate the discussion. Call us today at 980-272-8438. Can I at least get the dismissed felonies expunged? What county was this from? . This is because North Carolina has taken the position that violence against women is much more serious than other types of violent crime. On the facts provided it sounds like you would be eligible under the new law that becomes effective December 1, 2017. I have been to clerk of courts office in yhat county to get tecord and they cannot find it, but it does show up occassionally, which is weird. I checked my record and believe the pjc had conditions that Im sure have been met by now. Felon class H To. I pled guilty to unauthorized use of a vehicle. 50 years ago I was convicted of arson and auto theft I don't remember the class of the charges. First charge ever convicted in 2015. I have a hit and run misdemeanor on my record. I was convicted of common law robbery in 2014, I was 20 when convicted, I served my time and completed my post release probation, is it possible to get my record expunged.? I pled guilty to 16 counts of embezzlement in 2005, it was a class h felony. Misdemeanor convictions wait period reduced from 15 years to 5 years. Due to having a criminal background I have not been able to find a job in almost 7 years. 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. Basically, the type of job you are seeking, in addition to your overall qualifications, the employer hiring requirements, and your competition for the job are contributing factors to your employment success. Is there any way to get this expunged across the states or do I have to physically appear in person for the process? Is there any case or situation where the ten year time period may be excused? Are there any options whatsoever? I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. There is the dwi (bac .06) and and g.s. That being said, crimes involving assault or violence are not eligible, so it depends on the facts of the case. Multiple convictions from different years is a problem. 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. 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.
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