I was later convicted of misdemeanor larceny in 1995 when I was 20 yrs old. Unfortunately, many residents in Charlotte are the victims of domestic violence. Thank you! Thank you so much! Thank you. Ive did everything the court required of me and was even released early from my probation for good behavior and co operation in 2003. See: , 138 NC App 185 (2000), wherein the Defendant could only be charged with one count of assault with a deadly weapon inflicting serious injury where the evidence shows no distinct interruption between each of three gunshots. From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. They represented me and Thank you for answering questions. Only lower level Class H and Class I felony convictions are eligible per NC statute. I am 30 now and have not been convicted of anything else since. can 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. So I would need to pay the $175 fee to have this expunged from my record and not show up on background checks. Because the consequences are so high, its important to be informed, know your rights, and get the best criminal attorney possible to fight your case. WebIf you are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. Assault with a deadly weapon is another assault charge in North Carolina. The long-running James Johnson case in Wilson concluded last week with a PJC (story I believe it this is an non-expungable offense it needs to be placed up there right with major felonies as it is one of few that is a lifelong sentence. Also at the time of conviction misdemeanor death by motor vehicle had recently been changed to a class A1 misdemeanor; the judge made the teo misdemeanor convictions retroactive to the previous class 1 status to coincide with the date of the offense. What county were these convictions from? I was arrested but not yet convicted . I am not sure what you are asking. I have four charges that I wasn't convicted of in 2003 before my 18th birthday. Simple assault in North Carolina is a misdemeanor offense that can be punished as a Class 2 misdemeanor. So we actually have a slight chance. i did have a attorney, buncombe county. You would need to have the case reopened. That being said, the wait period is likely to grow now that more people will be eligible. Can she get this expunged? The process takes 9-12 months to finalize after you file the appropriate court paperwork and may require a court appearance. Credit card fraud.. What county was this charge from? I was charged with Simple Assault when I was 16. Thats how I got the pjc I guess. The law reads like nothing can be done for a class F felony (A through G are considered "violent"). Eligibility to expunge up to Three Non-Violent Felony convictionsafter a 20 year wait period if all occurred within the same 24 month period. Check with an attorney where the charge occurred on when you are eligible. I was convicted of misdemeanor child abuse in Aug 2013, it will be 5 years next month since incident. 2. 4. Be aware there is a $175 court filing fee and the process takes 9-12 months to finalize. One of the requirements to expunge a felony conviction is to have no other convictions other than traffic violations. It was a misdemeanor charge close to 10 years ago. This stopping me from getting employment. Thanks for taking time out of your day to help citizens like us. WebSimple Assault/Assault and Battery Charge If the victim does not need medical attention for their injuries, and no aggravating factors are present, you will face simple assault The punishment for a simple assault, if convicted, depends on your Am I eligible for an expungement? (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. Arrested on Domestic Violence Charges? The Process The NC Court of Appeals has addressed the issue on more than one occasion. No idea what they were. Only lower level Class H and Class I convictions are eligible. Lincoln County Sheriffs Arrest Reports for March 1, 2023 Do you think these charges would be eligible for expungement? I forgot to ask.. for the current misdemeanor charges.. Are you talking about expunction or a pending charge? Dismissals cannot be expunged if you have any felony convictions. WebA person can be charged with an A1 misdemeanor, punishable by 1-60 days in jail, if he commits an assault, assault and battery, or affray and: Assaults a female if he is a male of at least 18 years of age. In 2001, I was convicted of felony embezzlement. My understanding is that as long as a Judge will sign it then it will go through. The charging trooper suggested that if i take a parenting class he would have no problem dismissing my charges. F. poss if marijuana (56 g) That charge was dismissed as well. I have a simple assault and damage to personal property charge. If you have are facing an assault charge in North Carolina, you should contact a criminal defense attorney immediately to discuss your options. Why not file for expugement as you never know if that will be a deciding factor? I received a misdemeanor larceny charge and completed a first offenders program and received a differed dismissal. Given the 2 convictions occurred within 2 months of each other..what is process other? The term assault applies to a variety of charges, classes, and degrees. In 2016 I turned myself in on a FTA regarding 2 shoplifting charges. I was only convicted of the hit/run when there was absolutely NO evidence against me. As a result, the Supreme Court looks beyond the total number of punches or the repeated nature of physical contact with the alleged victim in determining whether more than one assault has occurred, such that the prosecutor may seek convictions for multiple counts of assault. For straight dismissals or after successful completion of the. What county were they from? There was actually no breaking and entering. 10/02/1999 Communication Threats You could try now, but technically you might have to wait until May. WebSimple assault, simple assault and battery, or a simple affray are charged as Class 2 misdemeanors. Also does this charge show up on background checks now? My husband was convicted of disorderly conduct in 2007, charge was in 2006. I have a misdeamnor larceny from 2008. Did you not have a lawyer- that type of charge can often be dismissed via community service. I was convicted for common law robbery (Class G felony). I was convicted of Felon Cheat Property/Services on February 29, 2012 and Felon Possession of Stolen Goods on April 10, 2012. Also a Felony B&E. Booking Number: SCD38MW03012023 Booking Date: 3/1/2023 Age: 38 Gender: M Race: WHITE Height: 6' 00" Weight: 170 Views: 1 Charges: Charge Code: 14-33 (A)|1368|2 Charge Description: SIMPLE ASSAULT Bond Amount: $1,000.00 It was dismissed but still on my record. 15A-145.5? This offense has both misdemeanor and felony versions. If your charge is dismissed there is no wait period. This was my charges 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. Many people think an assault is when someone lays hands on or strikes another person, but this is not actually the only scenario in which someone can be charged with an assault. At least, before, I was eligible for expungement 15 years of probation. Is there anyway to get the first felony expunged and then the second reopened and either reduced to a misdemeanor or dismissed due to circumstances and then third reopened and dismissed because of the outcome of the second? I was then offered a plea bargain if I accepted a misdemeanor common law uttering. 14-177 is a low level Class I felony, which generally requires a 10 year wait period after probation is finalized. 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. I pled guilty in 2011 and received one year of probation. It was reduced to a misdemeanor larceny and a PJC was granted. If yes is there a waiting period? If it has been at least 5 years you should be eligible to proceed now. Am I reading the law incorrectly? I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. What can I do? Simple assault is a class 2 misdemeanor in North Carolina and carries the potential for up to 30 days in jail for the first offense and up to 60 days in jail for a second or subsequent offense. For dismissals there should be no wait period. 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. My attorney at the time was then able to get me a PJC for the misdemeanor. What exactly was this person convicted of? What does having an infraction have to do with removing a felony conviction? I dont want to spend another $1000 to be told no again. The criminal defense attorneys at The Coolidge Law Firm will fight to achieve a resolution to your case that involves the fewest possible immediate and long-term penalties. then between 2000 and 2002 had some misdemeanor worthless checks. I believe the assault PJC would need to be changed to a dismissal to be eligible. Are all these convictions? I was charged with larency by employee which is a class h felony in 2009. Lincoln County Sheriffs Arrest Reports for March 1, 2023 I asked for Deferred prosecution but I have no idea if I will still get a fine . These are H & I felonies. 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. Common law robbery is a Class G felony. If the two convictions were from different incidents and not handled in the same term of court then I think you need to go back and have one case re-opened and dismissed to clear everything.