This offense has both misdemeanor and felony versions. Thanks, You would need to speak with someone in Wake county as that is where the petition would have to be filed. We are honest, aggressive and compassionate. Thank you so much! Assuming you were charged, the charge will appear on your criminal record. I previoulsy plead guilty. This includes pending charges, dismissals, PJCs, and convictions. I guess what I meant was, when a job is doing a background check, is there a point where the felony charge will not show up or count against me? There are websites that screen capture mugshots and create a page on the internet with your face enlarged. Simple assault and battery are usually charged as misdemeanors, but they can be bumped up to felonies in some cases. You can either file yourself or hire an attorney. My husband desperately want to join the military. Assault You would be facing an uphill battle on that one especially if the victim objected. Having a strong criminal defense lawyer can expose weaknesses in the prosecutors case. I am not aware of any law change in NC outside of local government jobs. Use of this website or submission of an online form does not create an attorney-client relationship. 04/07/2002 Obtain Property by false pretense by writing a worthless check 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. Only lower level Class H and Class I and convictions are eligible. Whether its a charge for assault with deadly weapon inflicting serious injury, simple assault, or even misdemeanor assault on a female, an assault is an essential element to such criminal allegations. Only lower level Class H and Class I felony convictions are eligible. Reach out to an attorney in Wake county to see if they recommend filing now or waiting until May. Department of corrections told be I would be hired if I can get domestic violence charge taken care of they are not worried about the other charges. Misdemeanors are punishable by a fine and/or up to 120 days in jail. What county was the conviction from? In both misdemeanor and felony assault cases, an alleged offender may receive one of three types of sentences. I had a larceny case that was dismissed due to a misunderstanding. I have one misdemeanor larceny conviction from 2004 after my 18th birthday. Now today (October 6, 2022) am I eligible for expungement. The solution may be to see if you can go back and convince the DA to re-open and dismiss the worthless check charge. A good criminal lawyer can help you get your charges reduced or possibly even dropped altogether if the attorney has been given enough time and information to put together a compelling defense. A gun, knife, car, ax, baseball bat (or other blunt object) could all be considered to be deadly weapons. I have a simple assault and damage to personal property charge. There is no waiting period to expunge a dismissal. My attorney at the time was then able to get me a PJC for the misdemeanor. they said i am qualified for the possession to get expunged ,,,,,,, the 30 year old misdomeaner for the 14.00 check i dont care about what should i do?? Bottom line is make sure you understand what you are filing before you file anything with the Court. Also assault (husband and I) the assault was dismissed. VD = Voluntary dismissed. A primary goal of, On June 25, 2020 Governor Cooper signed State Bill 562, or the , A petition must be filed in the County Courthouse where the charge originated. I am not aware of B&E being automatically considered violent in NC. What constitutes simple assault is defined under common law. That requires a show of force or menace of violence (overt threat of violence) sufficient to put a victim of reasonable mental firmness in fear of a bodily harm that is imminent or immediately forthcoming. Hello, my friend will have an assault charged dismissed soon, he is over 18. I only handle Union and Mecklenburg. made the ticket go away. 3) Dismissed? How can people defend themselves against these charges. This stems from an argument where the neighbors call because they were arguing. Regarding this attorney who says you can't expunge a dismissal due to your age- he is dead wrong- and I would recommend hiring a new attorney. We would like to have all of them expunged. DWI's within the prior 7 years are a grossly aggravating factor. Can you tell me if she gets the deferred prosecution is there a waiting period? Will I be eligible under the new law? For charges that occurred in Georgia the petition must be filed in Georgia, even if your probation was later moved to North Carolina. 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. What are the Types of Assault Charges in North Carolina? 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. by Gilles Law | Nov 16, 2017 | Blog Posts, NC Criminal Defense. (2007) Will I be able to get that expunged? The clerks of courts told me I can pay the filing fee to have this the PJC expunged. But I took a plea for Crime Against Nature. 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 am 44 years of age. I have a felony conviction of posses schedule VI (principal) in 1994. I have a simple possession of marijuana charge from 2012. As I told him when we left the court room that morning David, you have changed my life forever. I have three posses marijuana charges and two drug paraphernalia charges. WebTypes of Assault Charges Simple misdemeanor, least serious (minor injury or limits to the threat of violence) Approaching or blocking a person while carrying a weapon open or In 2008, I was convicted, again, of felony embezzlement because of the point system and my attorney wouldn't fight the charge (it was a matter of he said she said and not being able to spend company money for company business that I was never informed of or in my contract). It will be up to the prosecution to determine if a plea deal will be offered. Both convictions in 2003. I have a misdemeanor assault charge back in 1999. You could always try and file- the worst thing that can happen is the Judge refuses to sign. You should be eligible 2 years after your sentence was completed assuming that is your only conviction. Thank you. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. Is there a way to have the conviction expunged or dropped to a misdemeanor? Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. 14-318.2. I have a misdemeanor assault (domestic) from 26 years ago. I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. WebIf you are facing misdemeanor assault charges in North Carolina, or a more severe felony offense charge for assault with a deadly weapon, our Raleigh criminal defense attorney can help. In this version (misdemeanor assault with a deadly weapon) a deadly weapon is used but the assault neither results in serious bodily injury nor was carried out with intent to kill. 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. 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. You are certainly allowed to represent yourself, but be aware if you do something incorrect you could certainly delay the process many months. Fees vary based on the outcome of the case. 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. I was charged with Class H Felony Identity theft in 2001. This hard rule no longer applies, although there are limitations when prior convictions were expunged. Can I get the resisting arrest expunged now? I did my community service, 1 charge was dismissed and I was convicted on the 2nd shoplifting charge. 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. I was charged with larency by employee which is a class h felony in 2009. The nature, extent, and magnitude of harm and injury may be considered by the sentencing Court, in the event of a conviction. I also received an infraction for failing to maintain lane control that was also dismissed. Hi Jason, Hi. 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. Assault on a female is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. Is that possible with 1 count of trafficking cocaine? However, if your case results in a conviction, the wait period depends on the charge and your age. No more limit on number of dismissals than can be expunged. You could try now, but technically you might have to wait until May. Good evening, If I got a expungement under the old law will the new law have a effect on my expungement? I wound up taking a plea bargain for possession. In his frustration, he lit his bottle on fire and threw it away, causing the fire to break out. Expunctions are county specific so you would need to file petitions in both Mecklenburg County and Stanly County. Communicating Threats of Violence Is Is there a chance to expunge just the misdemeanor? 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. Have a drug charge was falsly convicted with 200 more case wasnt by dtate but by one officer and son. Simple assault is classified as a Class 2 misdemeanor. 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. Assault with a deadly weapon is another assault charge in North Carolina. Would this type of case be eligible for expungement? While this is relatively lenient compared to the penalties for other crimes, the unofficial penalties can exact another higher toll. Plus other felonies. I caught a cocaine charge in 1993, it wasnt even a gram. This was the first time I had ever been in trouble so I pleaded guilty. It may be possible if you were under 18. 24 years ago . What website do I go to that will have the correct expunction petition/forms?? My case will be dismissed on Monday after completing community service. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. Also if you don't mind could you tell me what you think the worse is that could happen? Felony- lower class I highly recommend. Received 5 years probabtion which was ended after one year. Assault Charges Thanks! The exact procedure for getting the signatures of the District Attorney and Judge varies by county and I am not familiar with Catawba County. Mr. Witt, I have 2 charges. Did you not have a lawyer- that type of charge can often be dismissed via community service. If you have a prior conviction for this crime, the judge may sentence you to a maximum of 60 days in Case from 6 years ago. Along with the 287 form, could you tell me which other forms I would need? One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. Trying to go back and undue a guilty plea to a felony is not going to be easy. There is a number of assault offenses listed under Chapter 14 of the North Carolina General Statutes. In 2016 I was also arrested for DUI/Hit and Runanother complete misunderstanding. How long would it take?
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