What does Assault with a Deadly Weapon mean? It took five years for them to finish my case. Was originally charged with causing an affray and misdemeanor simple assault. I was 24 then; I hadn't begun to consume alcohol until I was 26! No longer in NC and have no plans to ever return. Juvenile Simple Assault You should be eligible if no other convictions of any kind other than traffic offenses. Hopefully I never need his services Thank you! the act does not exceed the level on consent the party giving consent intended, party/victim voluntarily engaged in the activity in which the defendant has been charged, party giving consent must be legally capable of doing so (mental impairment, age restrictions, etc. I was told that my charge would never be seen again after it go in the system?? How to get a simple assault charge dismissed /dropped. What can I do? You would need to go back and reopen the 2014 conviction (assuming it was a conviction) and have it dismissed. Convictions fees vary from $0 to $175 depending on the statute that applies. Thanks for taking time out of your day to help citizens like us. Thank you. I am trying to pull together information and put together a letter for the governor about this issue. About. 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. i did have a attorney, buncombe county. I just recall that in 2008 this was VD in durham county and it was expunged so that it would not show up on background check. What do I need to do get this expunged? Please advice. After i completed that, i was eligible for an expungement. Lawyer specializing in record expungement said my ex would have to go back on the charges she filed against me in order for anything to happen. why do they make it difficult. So when should I be able to get all expungement. In 2016 I turned myself in on a FTA regarding 2 shoplifting charges. Can assault be expunged in NC? In 2004 I was found guilty of obtaining property by false pretense. Will I be eligible for expungement? David immediately showed his support and listened with an empathetic ear. Were they all convictions? Then again they may hold the later felony conviction against you. If clerks started telling people what to write and what to file there of course would inevitably be bad advice given out at times. Posted on Feb. 23, 2009, 8:24 am by Jamie Markham. Expunction of records when charges are dismissed or there are findings of not guilty. Multiple convictions from different incidents is a problem. In 2007 Me an her was charged with a misdemeanor simple assault. No other convictions except DWI in 2015 What county was the conviction from? The woman didn't realize I mailed her wallet back to her because it went to her old address that was on her ID. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. How would I go about getting a 14.00 bad check dismissed place is closed parents are dead no witnesses If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. My case will be dismissed on Monday after completing community service. Every few years they expand the eligibility so keep an eye out for future amendments to the law. At age 17 I was convicted of felony B&E&L. You need to speak with a local attorney about trying to reopen those misdemeanor convictions to have them dismissed. 2. The laws can be very confusing, and representing yourself is never a good idea. Placed on 30 months probation. You would need to get that PJC turned into a dismissal. Contact an attorney in that county to see if those convictions can be reopened and dismissed. For self defense to exist, the defendant must prove the defense was necessary, they were not the aggressor and the use of force was proportionate to the situation. Assault I was told to complete community service. You would need to determine exactly what Class felony of which you were convicted . I have a PJC for assault on a female from 1998 which was dropped from a rape charge. 21 when I was convicted. Assault Charges in NC: What is Assault? - North Carolina 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. It does appear as though if you proceed under 15A-145.5 both the DA and victim can object- this could certainly cause a problem if families are in court crying that their loved one is dead and cant object. Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. 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. Or is it still a conviction and I need to wait for 5 years? A gun, knife, car, ax, baseball bat (or other blunt object) could all be considered to be deadly weapons. Sealing a criminal record is not something I have seen in NC. I really dont want to pursue this anymore . I recently received a misdemeanor charge for carrying a concealed weapon (forgot I had a bowie knife in my bookbag) and marijuana paraphanelia. That was my only time every getting in trouble and have been trouble free since. Age: That being said, the wait period is likely to grow now that more people will be eligible. I have three posses marijuana charges and two drug paraphernalia charges. 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. That is why she had the protective order. Multiple convictions from different incidents usually create a problem. Convictions involving violence are simply not eligible per statute. Unfortunately, convictions involving assault are not eligible for expunction if the date of offense occurred after age 18. The 2 convictions were was DV Protective Order Violation. 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. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. Felony in 2012. I have 2 charges. Were you originally charged with a felony and it was reduced to a misdemeanor? Only lower level Class H and Class I and convictions are eligible. If you face assault charges on the Outer Banks of North Carolina, Danny Glover, Jr., is available for consultation. I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). 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. It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. WebIf you've been charged with an assault, contact the experienced assault charge lawyer at Remington & Dixon in Charlotte, NC. Those jurisdictions consider arguments, slapping, or pushing as simple assault cases. Penalties for simple assault and battery can include jail time, probation, community service, and fines. 19 W. Hargett St., Suite 400, Raleigh, NC 27601. This stems from an argument where the neighbors call because they were arguing. Is it possible to get this expunged? If you have a prior conviction for this crime, the judge may sentence you to a maximum of 60 days in Of all misdemeanor classifications, a Class A1 is the most serious. What if i plead guilty to a lesser charge(Assault on a Female) but there was no violence involved when the crime was committed? Must have only been possession with intent to sell and deliver. note: I Also have three other convictions from 2013 but they were guilty verdicts not prayer for judgement. Your options depend on how long ago this PJC was given or whether you can have the PJC converted to a dismissal. So I would need to pay the $175 fee to have this expunged from my record and not show up on background checks. This is my first ever offense on my record and i paid for my attorney, will it really cost this much? I have printed my petition for expungment as from what I have read I qualify to try for it. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. (1) Am I correct that this is eligible for expunction under G.S. And how do,you get the initial judges signature to start process ? Do you have any other convictions of any kind? Thanks! Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. Only lower level Class H and Class I convictions are eligible. Hello Mr. Witt, Thanks! I only handle Union and Mecklenburg. I got a speeding ticket for going 17 over. Fees vary based on the outcome of the case. Can I still get the felony expunged? Following an investigation by the N.C. State Bureau of Investigations, Rutherford County District Attorney Ted Bell charged LCSO Sgt. You could potentially expunge an unlimited number of dismissals at one time if they were all from the same county. I assume this was a conviction- what county is this charge from? I didn't know about the checks for a couple of years but as soon as I found out about them I paid them and all fees/fines associated with them. This can be tricky, but a simple rule of thumb is any direct, physical contact is considered battery. Thank you! (5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine. 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. I am not aware of any recent changes to NC laws regarding restoration of gun rights. I was charged with resisting an officer , put on probation for 18 months in 2010. A felony conviction in addition to multiple convictions from different incidents does not leave you with many good options. 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. Said person was seventeen at the time of offense and trial ended with conviction while person was twenty years old. 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. 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 also seen their are affidavits along with the 266 form but I don't know where to find those. The charging trooper suggested that if i take a parenting class he would have no problem dismissing my charges. When can a person be charged with this type of crime? Is that enough resonable doubt to have the other cases looked at, maybe reviewed, maybe something.??? For charges that originated in Union County, North Carolina the petition must be filed in Monroe. simple assault charge 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. I was wondering how bad my situation is. Absolutely! All misdemeanors: B&E - dismissed by the DA, Possession of Marijuana - dismissed after community service was completed, Possession of Marijuana - dismissed with 90/96, 2 assault on a female - dismissed by the DA, and simple assault dismissed by the DA. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71.
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