Am I reading the law incorrectly? It is a Class H felony if an alleged offender commits a simple assault, simple assault and battery, participates in a simple affray, causes physical injury, and has two or more prior convictions for either a misdemeanor or felony assault in the prior 15 years. A person can be charged with this crime in North Carolina if they point a gun (loaded or unloaded) at another person. Is this elegible for expungement or motion for apropriate relief? I have never heard of someone trying to expunge an infraction. There are no legal requirements to report or stop a crime, especially if doing so will also place you in danger. Can she get this expunged? The criminal defense lawyers at Gilles Law can provide you with insight into your charges. Simple assault is a Class 2 misdemeanor. Talk to a local attorney to find out what judges in that county will sign or not sign. Talk to an attorney in the county of the convictions to see if you have any options. I suspect the rationale is DWI convictions should always be considered by the DMV. I dont want to spend another $1000 to be told no again. Call us today at 980-272-8438. What does Assault with a Deadly Weapon mean? Dewey P. Brinkley is a former Wake County Assistant District Attorney. Due to having a criminal background I have not been able to find a job in almost 7 years. In general, you will face a Class 1 misdemeanor charge that carries up to 12 months in jail. Since 1957, the criminal law team at Kirk, Kirk, Howell, Cutler & Thomas, LLP have helped individuals wrongly accused of assault and other violent crimes. This has caused me a lot of hardships along the way but I've managed to get through most and excel in my field. You should first run a record to verify what is listed and make sure you include every charge you are eligible to remove. 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. 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. 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. I was not arrested for this incident . Class D felony convictions are not eligible for expunction. So are you saying I need to just ask for a dismissal and not pay the fines. . 06/16/2001 Simple Assault Can me and my friend / wife / co-defendant hire the same lawyer? Up until rather recently no felony convictions were eligible for expunction. I do not have an answer regarding restoration of gun rights. Be aware there is a ~$175 filing fee. Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. He plead guilty. You would need to speak with a local attorney to see if anything can be done. Our Wake County assault attorneys aggressively defend clients all over the greater Raleigh area, including Wake Forest, Morrisville, Holly Springs, Garner, Fuquay-Varina, Cary, and Apex. I am not aware of B&E being automatically considered violent in NC. I was then offered a plea bargain if I accepted a misdemeanor common law uttering. Your only remedy at this point may be a pardon from the governor. And he had not been arrested since. I wanted to see how can i get these expunged. Will I be eligible for expungement and when? You should be eligible assuming you have no other convictions besides traffic offenses. Are you applying for a job prior to conviction? 2. I believe 2nd degree arson is a Class G. Is there a such thing as a second expungment. I was charged with assault on a govt official, it was reduced to disorderly conduct for which I received a Prayer for Judgement. It is a Class 2 misdemeanor. My mother got a felony for arson when I was nine years old (29 years ago). Many "forms" or motions filed with the court impact the life and liberty of criminal defendants and children in custody cases. Can I at least get the dismissed felonies expunged? Now, it's been 3 years and it's becoming a headache trying to get better higher paying jobs, I'm just wondering if it's possible I can get this expunged before 5 years? I would say you are looking at a 10 year wait period from when probation ends. But what exactly is an Assault on a Female? And is there a website that dumbs these statues down for us non-lawyer folks out here?? The DMV wants to be able to track this for all time, and judges can consider DWI convictions no matter how old in sentencing for new impaired driving offenses.. Convictions involving violence from incidents that occur after age 18 are not eligible per NC statute. My lawyer said I need to wait for 5 years after the period of unsupervised probation and he mentioned I am eligible for expungement after or on July 18, 2023. Hi. I've since had a DWI charge that was dropped. Firearm rights are not in my field of expertise. 2 class A misdemeanors, 1 violent from same incident. A PJC is a rather odd disposition to explain- it is between a guilty and dismissal. Not only have I managed to stay out of legal trouble since but I have also done a lot to turn my life around! To be up after probation or does it start when the offense happened. Hello, I had an arrest for assault on a female in 2011, however the charges were dropped. Get In Touch (704) 247-7110 (704) 247-7110 close. If you are looking to learn about felony assault charges in North Carolina, check out our blog on felony assault in North Carolina here. can i get a assault on female expunged? I would suggest speaking with an attorney in that county for assistance. and how can I manage to do it from my country where I'm from since I can't go to the US?, I want to have my record clear to apply for a visa. What county is this from? Hi I was charged with a infraction and resisting arrest this was about 2 years ago. Is this a case of ID fraud or did you actually receive this ticket? These types of offenses can often stem from police misunderstanding certain situations and simply pressing charges based on initial observations or just one partys version of events. Can this be removed off my record? I believe you would first have the PJC converted to a dismissal as child abuse is a Class A1 misdemeanor. Although the violence may not result in serious injury, it must be intentional and done without legal justification. Even for non violent crimes , I may have to put seeking other jobs on hold for at least until 2019? The North Carolina Supreme Court opines assault is necessarily a broad concept that may include more than one contact with the victim. and that MAR thing? I was charged with the possession of paraphernalia with the intended usage of injecting marijuana into the body and trespassing into a public park at night. I was found guilty and I was 27 at the time and it was unsafe movement which was a lie but I felt I had no choice but to plea guilty. I have a simple assault and damage to personal property charge. I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. I have a Class G felony for sell & delivery of a Schedule II substance (which was 5 pain pills). Does this method clear out the arrest records I been charged with things that got dismissed and dropped to lesser charges do I file for those too. There are mandatory reporting requirements such as the duty to protect children from abuse and employment-related obligations, but aside from those examples, the general public is not required to stop or report crimes. 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. WebOur criminal defense attorneys are breaking down how aggravated assault differs from simple assault and the charges you may be facing. I have only seen references in Senate Bill 445, Section 1, Article 5 of Chapter 15A of the General Statutes to infractions charged prior to December 1, 1999. I was convicted of B.E and B.E. Assault and Battery Battery is the actual physical contact with another person. Was put on 12 months probation. Therefore, you could be arrested and charged with assault for inciting a bar fight. 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. 10/02/1999 Communication Threats That misconception likely has spread based on the laws from another state, but not North Carolina. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. 15A-145(a). The answer is maybe. Multiple felony convictions from different incidents usually make you ineligible for any expunction. Is there any case or situation where the ten year time period may be excused? 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 charged with dui in 2004 and possession of marijuana in 2012. It was a misdemeanor charge close to 10 years ago. I also have a three possession of up to one half-ounce of marijuana charges, two are from 2004 ( June and October ), and one from July of 2008. You would need to speak to a local attorney to see if you have any other options. Can a person get an expungement if they have done what was ask of them from death by car? If you want dismissed charges removed from your record you would have to petition for an expunction. Officially, even if the charge is dismissed as part of a deferral program, the charge cannot be expunged. If a person commits an assault, assault and battery, or an affray and uses a deadly weapon, he can be charged with assault with a deadly weapon as a misdemeanor offense. All three did. You should be eligible to move forward on the dismissals now. Under the new law there are no restrictions for dismissals. Nothing ever just falls off your record in NC due to age. The punishment can include up to 30 days in jail for a first offense and 60 days in jail for a subsequent conviction. I could plead improper equipment and get no points on my insurance or license. This individual has had no other interactions with the law and completed all probational conditions with no infractions. Hi I was charged with larceny and shoplifting in 2012 I plead guilty to both charges and did probation would I be eligible ? If you were just convicted of a misdemeanor and have no other convictions you should be eligible. 24 years ago . This is because North Carolina has taken the position that violence against women is much more serious than other types of violent crime. Wendell, NC 27591 You need to contact local counsel in the county of the worthless check conviction rather than attempt anything on your own. Unfortunately convictions for A1 misdemeanors with a date of offense after age 18 are simply not eligible under NC law. First, are you seeking employment from a job that requires extensive background checks? a friend of mine was convicted of a breaking entering felony around 30 years ago he wants to get his record expunged but was told that he could not because it was a felony under statute 15a 145.5 and that section 14-54(a) of that law prevents removal of the infraction. It is a Class 2 misdemeanor. Hi, My wife took a 50-B out on me in 2000 and I broke the order no violence and plead guiltywhen the case is looked up it says expired what, if any are my choices I would love to get this expunged cause my wife and I are still married for 26 years now. What and how is the best and fastest way to get this removed? In his frustration, he lit his bottle on fire and threw it away, causing the fire to break out. Assault on first responders police, firefighters, emergency medical technicians, etc. In 1996 I was 24 And was found guilty of felony possession of marijuana. I would recommend David and this Law Firm to EVERYONE who is reading this review. What are you looking to remove from your record? Consent the victim approved of the action prior to the act. (a) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means is guilty of the Class A1 misdemeanor of child abuse. 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

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