The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. Please contact me when you are available. Hello, my friend will have an assault charged dismissed soon, he is over 18. Never heard of a child not in car seat leading to a child abuse charge- that is overcharging in my opinion. I was searching to find out more about the expungement process when I found your blog. 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. I was charged with 8 counts Obtaining property under false pretenses which was reduced to 4 Misdemeanor larcenies. In addition, the court can order the defendant to pay restitution to the victim for any medical bills or property damage that resulted from the assault. 15A-146. I wound up taking a plea bargain for possession. She (the victim) told me she was coming to court to tell them what happened but didnt show up. To misdemeanor. 1.1 For example, some of the factors that play a part in establishing the bail amount include 1.2 Related posts: Average bail amounts for misdemeanor crimes can range from $500 (in states like New Mexico and Oklahoma) to $10,000 for battery against a spouse or another person. Would that be a correct assessment? Is it possible that I can get this expunged. I was giving probation and completed and have not been in any trouble prior or since. Charges never automatically drop off your record. To expunge a dismissal you can't have any felony convictions. Dismissed without leave in NC means the case has been permanently dismissed and cannot be later revived. Thats how I got the pjc I guess. 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. Under the new law can have these expunged? The Assam Rifles - Friends of the Hill People? Thank you for replying. 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 was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. Use of this website or submission of an online form does not create an attorney-client relationship. I was charged with a misdemeanor assault 2 years ago, the case was dismissed and i was granted an expungement. i have a hit&run conviction 22yrs ago. If you have been charged with simple assault, it is important to speak with an experienced criminal defense attorney who can help you understand your rights and options. You should be eligible as long as you have no felony convictions. The term assault applies to a variety of charges, classes, and degrees. It can be difficult to determine whether there is a distinct interruption between alleged assaults. Thanks. I believe you are going to need to hire a lawyer to file a MAR or Motion for Appropriate Relief to get the fish ticket reopened and dismissed before you are eligible to remove any charges from your record. Asking for a gal trying to get in nursing school 17 years later. 4. Can I get these charges expunged, and what form do I use to expunge these charges? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. I took the class (it wasnt court ordered) but the DA refused to dismiss or lower my charge. I obtained my BS in criminal justice and I have high career ambitions but I hate that this shows up on background checks. 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. Were they both convictions? Does the DWI void any opp at expungement? If the worthless check resulted in a conviction that likely is a problem. 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 You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. I was wondering how bad my situation is. Simple assault is the least serious assault charge in North Carolina. She has never been in any trouble before. Hi I was charged with obtain property by false pretense a little over 5 years ago and just got off of probation last year. 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. I really dont want to pursue this anymore . 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 . In North Carolina, a deadly weapon is basically anything that could be used to kill someone. 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. I really hate I created all this drama . I was charged with assault with deadly weapon. If convicted, a person could be sentenced to between 4 months and 25 months in prison. Procedure varies by county. In 2016, I had two misdemeanor in Wake county that resulted in conviction both on the same day and time (Resisting public officer and computer tresspassing). 2 felonies dismissed in 2013. In 2001 I made a stupid mistake at 16. Those are all felonies, I committed at 16. Domestic Violence Charges and What You Need to Know. He has a misdemeanor assault that occurred in 2010; and to which he was over 18 years of age when it happened. This is a Class E felony if there was a serious injury or the intent to kill. I have no other prior offenses. I asked for continuance because of this and was denied. Do either of these charges bar me from petioning for expungement? 285PA20 / 2021-NCSC-124 October 29, 2021). Ive done nothing but improve my life since. 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. 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. A deferral program will have costs associated with any recommended treatment or community service requirements. You should be eligible on the damage to real property if no other convictions other than traffic violations. Can you tell me if she gets the deferred prosecution is there a waiting period? Assaults a child under 12 years old. Will immigration still find out about them? An intervening event may qualify as a Distinct Interruption, such as the opportunity to calm down, thus resulting in a lapse of time. Possible sentences for a first conviction include: Assault by strangulation is another crime that can be charged when an individual commits domestic violence. If found guilty, the defendant will be responsible for court costs and fines. 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. Take a look at Form AOC-CR-281. Had 5 years probation. I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. To make a long story short I was never offered a lower sentencing or charge by the judge considering that this was the first time I got in trouble and as stated before it is currently the only thing on my criminal record. You should speak with an attorney where the charges originated to determine what options you have at this point. I was charged with dui in 2004 and possession of marijuana in 2012. Only lower level felony convictions are eligible. Elements of the Criminal Offense. 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). That being said with low level crimes you may be able to go back and re-open old cases and have them dismissed. Be aware if rejected it could certainly slow down the process. Form 266 may be the only form you need if you meet the requirements. Thanks! 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? I filed assault charge on a friend of mine who punched me during an argument . Am i able to reopen that case and get it dismissed in Wayne County NC? For convictions that occur before the defendant turned 18 there is a minimum 4 year wait period. 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 since been diagnosed with PTSD (in remission) in reference to an incident that led to this incident. This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. I had a breaking and entering and grand larceny charge in 2012. Under the new law there are no restrictions for dismissals. These crimes are considered domestic violence when the assault is committed against certain individuals that the perpetrator has a personal relationship with. thank you. I need some guided about my past criminal records and trying to get some things cleared off in order to get my felon expunged. Is there any possibilities to work out something? What county was this charge from? Is there any way to use the PTSD diagnosis to expunge this? Welcome; About; Practice Areas. In 1997 I was 17 years old and in 1999 I was 19 years old.Can you give me some advice. My advice is reach out to an attorney in the county of this conviction as expunctions must be filed where the charge originated. Dismissals are free to file. My husband was convicted of disorderly conduct in 2007, charge was in 2006. The event was 1999 but convicted 4 years later (probably not relevant). From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. I recieved a petiton/order of expungement in the mail. I was convicted in 1997 of felony death by motor vehicle.I was 17. If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. I have a dismissal on my record and eligible for expungement just found out there is no charge /fee for expungement of dismissals. Not sure why the Court can't tell you- perhaps since eh charge was so old. Thank you in advance for your response. The punishment for a simple assault, if convicted, depends on your I had community service and paid restitution. You should be eligible on the felony dismissal. I am a resident of Tennessee, i was serving in the Marine Corps at the time. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Arson is a serious felony under NC law- either Class D or G depending on the facts of the case. What do I need to do get this expunged? He's very thorough and efficient. PJC's are treated like a guilty for expunction purposes. 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. Hi I was charged with a infraction and resisting arrest this was about 2 years ago. Some jurisdictions include physical attacks as part of the assault. Can I have that removed? I was convicted of a misdemeanor larceny charge March 2003 and a employment security violation charge in September 2003. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. Raleigh, with a population of about 470,000 people, saw 49 homicide deaths, compared with 33 in 2021. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. Many forms also come with instructions. There is a link to the AOC forms in the article above. If I have used an expulsion on a non violent offense when I was a minor would I still be able to get charges dismissed without leave to be expunged? For charges that originated in Mecklenburg County, North Carolina the petition must be filed in Charlotte. If you have been arrested then you likely have been charged unless the magistrate declined to find probable cause, which is very rare. Completed probation. I have two different charges misdemeanor larceny and employment benefit fraud. Do you have any other convictions of any kind? But all reduced. Felony convictions involving violence are often never eligible. That being said, the wait period is likely to grow now that more people will be eligible. Of all misdemeanor classifications, a Class A1 is the most serious. As you can see undertaking this process on your own without an attorney is not an easy process and procedures vary by county. What form do I use to start the process? As stated above the wait period varies depending on the charge, the age of the defendant, and the nature of the charge. Is this true? I was put on 12 months unsupervised probation. 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. My daughter had a fight at school in 2010 when she was 16. Under the new law multiple dismissals are certainly eligible. All of this took place in Mecklenburg county. Is that enough resonable doubt to have the other cases looked at, maybe reviewed, maybe something.??? What county is this charge from? My wife didn't press charges and stood with me in court. Hes handed several matters for Although this crime can be committed in a domestic situation, this is not always the case. What can I do? Contact an attorney where the charges originated to see if you have any immediate options.
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