It may depend on the facts of the case as convictions involving violence are not eligible. Multiple convictions from different incidents is also an issue. Talk to an attorney in the county of the convictions to see if you have any options. What county was this from? Assault Elements of the Criminal Offense. I can not say enough good about David Coolidge and the Law Firm! This was the first time I had ever been in trouble so I pleaded guilty. I was not arrested for this incident . There is generally a 5 year wait period after probation ends if you were over 18 on the date of offense. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that That means, for the State to prove someone guilty beyond a reasonable doubt, the prosecutor bears the burden of proof to show the person accused of criminal wrongdoing is guilty of theunderlyingcrime of criminal assault. The charges were dismissed. Thank you for the Q/A opportunity, 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. If the defendant was under age 18 at the time of the offense the wait period remains at 2 years. Every question I asked the arresting officers response was "I do not recall". At this point she needs to contact an attorney in the county of the conviction to discuss her options. 03/09/2001 Simple Worthless Checks I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. Excellent Customer Service. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. North Carolina Criminal Statute of Limitations Laws The court date for those are in March, the attorney told me to go to court ask them to dismiss them and pay the fine for them. Can I have my record expunged early? 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, STEPHEN DANIEL CORN was booked in Buncombe County, North Carolina for SIMPLE ASSAULT. That being said, you should reach out to an attorney in the county where these charges originated to see if you have any options. I'm assuming I would still need both 266 and 287 even though I successfully completed the 90-96 program in 2013. You should reach out to an attorney in the county where the charge originated to verify whether you qualify.. I lived in Georgia at the time. 21 when I was convicted. Not sure why the Court can't tell you- perhaps since eh charge was so old. You would need to speak with someone in Lee county to confirm your options, but only lower level Class H and I felony convictions are eligible. Ultimately the Judge should decide and not the DA, but if the local Judges simply follow the recommendation of the local DA you may be out of luck. And Larceny class H Felony in 2001. The perpetrator claims that he had gone to siphon gas from the overturned lorry but could only manage to fill one bottle amidst the mob. WebMisdemeanor assaults, batteries, and affrays, simple and aggravated; punishments. Bottom line- you may not have any options besides reaching out to an attorney in Harnett County to see if anything can be done about that conviction. Her court date is next week. 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. I plead guilty to a conspiracy to commit RWDW in. What county were they from? Completed probation. I was searching to find out more about the expungement process when I found your blog. Prosecutors do not have to prove someone was harmed to convict you of simple assault. NCSBI - Expungements Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. (919) 615-2473, Kirk, Kirk, Howell, Cutler & Thomas, LLP Simple Assault I found it myself online. Removing multiple convictions will not be so easy. I bumped a vehicle there was no damage and took off someone reported it. Due to this, a victim of assault will not have the ability to drop the charges. This happen in Harnett County. I also had several charges dismissed. What county is this from? I'm trying to find any information in being able to remove misdemeanors from my record. Convictions involving violence are simply not eligible per statute. I caused no accident, I never had any arrest prior or since. Procedure varies by county. I do not have the answer to that question. Assault charges takes many forms in North Carolina. I am charged with a misdeameanor. What is a Criminal Summons in North Carolina? Possess schedule II (principal) The criminal defense lawyers at Gilles Law can provide you with insight into your charges. Traffic offenses should not be a problem, but the other two convictions are an issue. would i use form 15.A -14.5? What was the actual charge? I was charged with 2 felony counts of possession of marijuana and felony 1 main veh/ cs. What county was this from? Raleigh Criminal Defense Assault Lawyer - Kirk Kirk Law I suspect the rationale is DWI convictions should always be considered by the DMV. First, are you seeking employment from a job that requires extensive background checks? I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor. You really need to reach out to an attorney in the county of the charge to discuss your options as the local DA will likely determine those options. I would certainly recommend hiring an attorney. 19 W. Hargett St., Suite 400, Raleigh, NC 27601. Under the new law, misdemeanor larceny convictions for those over age 18 at the time of the offense will be eligible after a 5 year wait period. Convictions for assault are not eligible if they occurred after age 18. Had a DWI a few months later while in Drug Court. I read and hear that expunge cannot happen twice. Due to this, there can be confusion on what those charges actually mean. 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. What county is this conviction from? Assault is a violent offense under NC law. Chapter 14- Article 8 of the North Carolina General Assembly clearly defines the acts that will be charged under felonious assault. Received 5 years probabtion which was ended after one year. I have charges that were dismissed still showing up on my background check, do i have to go through the process of getting them expunged? Some jurisdictions include physical attacks as part of the assault. 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. The process takes 9-12 months to finalize and must be filed in the county where the charges originated. North Carolina Simple Assault Charges: General Statute 14-33(a Not all violent crimes in North Carolina involve actual acts of physical violence. You should be eligible under the new law if the case was dismissed. 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. Would this type of case be eligible for expungement? What county are these charges from? 14-33 Assault on Female. All of this took place in Mecklenburg county. You might want to take a look at AOC-CR-264. For Class F and Class H felony assault cases, the possible sentences may be: (NOTE: Nine months of post-supervision release must be added to the end number for each of these sentencing ranges). Has there ever been a case where the Class of the felony can be changed to an H in order to get an expungement granted? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Dismissed charges should be reflected as "dismissed" or "dismissed after deferred prosecution" if you had to enter a program to obtain the dismissal. Home Criminal Charges Violent Crimes Assault. I was convicted of felony possession of contolled substance (1 gram of cocaine) and misdemeanor Maint Vehicle in 1992. What are my options to get this expunged? I was older than 18 at the time and I know that makes it a little difficult to do so. A dismissed charge should be eligible. North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor Offense. Site Map. , 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. We would like to have all of them expunged. This crime a Class H felony. I'm just venting - realize nothing you can do about it. I was charged with assault and battery in 2008 ( which has kept me from getting hired from several jobs)but under the new law I won't have to wait the 15 years to have it expunged from my record..correct? There is a link to the AOC forms in the article above. I'm 21. 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. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. Will I be able to ever get these expunged? WebSimple assault is defined by North Carolina General Statute (NCGS) 14-33 (a) as a Class 2 misdemeanor. 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. These may include: It is a Class F felony if an alleged offender assaults another person and inflicts serious bodily injury, which is defined as bodily injury that creates a substantial risk of death, or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.. There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. In North Carolina, simple affray is a misdemeanor offense involving violence between two or more people in a public place. Do I have a chance to appeal those convictions?
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