will this new law work to get this done now. I was even able to reach i have a felony possession of a schedule 4 that i got i believe when i was 22 or 23 i am 26 years old now how long would i have to wait to be eligible to get this charge expunged? However I'm not a U.S Citizen and going through removal proceedings right now, can file for expungemnt? 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 Assault is a violent offense under NC law. 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 . I was in my mid-twenties. He will listen to you and is so very supportive. I pled guilty in 2011 and received one year of probation. Can me and my friend / wife / co-defendant hire the same lawyer? Common law robbery is a Class G felony. which were only 2 months apart. Can I at least get the dismissed felonies expunged? I was charged with felony assault by strangulation in 2010. This was in 1975. You should contact an attorney in the county where these charges originated to verify the outcomes and your options at this point. Will I be eligible for expungement? Therefore I the Class G conviction will likely disqualify you from any expunction. These types of attacks include Simple Affray. Assault If you want to change the record from guilty to dismissed in the interim that may be possible with a MAR or Motion for Appropriate Relief, but will likely require an attorney and cooperation from the DA and Judge. I am guessing I can resubmit under the new law but do not want to waste another $175 unless I know it will be cleared. Welcome; About; Practice Areas. 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. I was told I can apply for an expungement and have it removed completely but the attorney told me the law changed Dec 1, 2017 for NC and basically Im not eligible because of my age but researching websites and other material, I believe I am eligible. This hard rule no longer applies, although there are limitations when prior convictions were expunged. The charges were in wake county court. If the charge resulted in a conviction the wait period depends on the age and charge. Good evening, These are my only two actual convictions however I have multiple misdemeanor & felon charges that were dismissed before my felony convictions. Hello, my friend will have an assault charged dismissed soon, he is over 18. Is trafficking by transport able to be expunged? I completed the probation period of 1 year + community service per the court order. I was thinking it would be the 266 form since I was 20 at the time back in 2011. 2023 Browning & Long PLLC, All Rights Reserved, Reproduced with Permission, DMV Driver's License Restoration Hearings, Misdemeanor Assault and Battery Charges in North Carolina, Your Rights as a Suspect in a Criminal Investigation. But if a male assaults a female, he is charged with a higher level crime. If the assault caused bodily injuries or the threat was made against an older person or spouse, it is generally charged as a class A misdemeanor. (a) If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. You would need to speak with someone in Wake county as that is where the petition would have to be filed. I bumped a vehicle there was no damage and took off someone reported it. Prosecutors and law enforcement will have access to records. I want to know will this stay on my record ? Am i eligible for an expungement? That's the only misdemeanor I recall. I do not have an answer regarding restoration of gun rights. Multiple felony convictions in different years are usually a problem. I guess you need to speak with a local attorney to pull the file and/or examine the courthouse computer entry to answer that question. Two counts of communicating threats which I was found not guilty and one count of intimidating a state witness and one count of wearing a mask and or hood, both of which were dismissed. Hi jason I have two separate felony convictions are there any new laws to help with expungement thanks! From the inception of a DWI I had the arresting officer lie on my report. The conviction was from 1990 when I was 17 years old. I was charged but not convicted of a worthless check in August 2017 can I petition to have this charge expunged now or do I need to wait 5 years? Reach out to an attorney or the Courthouse in that county to find out local procedure. It took place in Lee county, NC. Is there any case or situation where the ten year time period may be excused? Thank you. It seems so unfair that this can't be forgiven with an expungement. I have heard that now any B&E is considered violent. Because the person they said I conspired with got off with my plea. The punishment for a simple assault, if convicted, depends on your Im 38 yrs old, never in trouble before that or after. Threats of violence may count as domestic violence if you and the victim have a personal relationship. If both charges were dismissed and occurred within the same 12 month period then you should be eligible to file right now. This is also a Class A1 misdemeanor with similar penalties as for a conviction for assault on a female. I didn't know about the checks for a couple of years but as soon as I found out about them I paid them and all fees/fines associated with them. Would I be eligible to expunge all charges. I do well in school and wanna succeed , any chance of that being expunged. What does having an infraction have to do with removing a felony conviction? It may be possible if all the convictions were handled in the same session of court, but you would likely have to reopen and dismiss that old misdemeanor conviction first. (a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor. I read and hear that expunge cannot happen twice. Resident who has a failure to appear, dui & suspension of license in cumberland county from 28 years ago. She is an indigent and now does not qualify for housing assistance. At age 17 I was convicted of felony B&E&L. Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation. Ive done nothing but improve my life since. I had two misdemeanor larceny charges from 1990 that were dismissed without leave by the DA in Watauga County. Would be easiest to just wait until December 1 so you can include all five on the same petition assuming they were all from the same county. He is now 25 and has no other brushes with the law.. I am reading up on the expungement process, as these are keeping me from finding employment in my field. Are these 2 types of charges that can be dismissed? Assault Charges in NC: What is Assault? - North Carolina The charge was dismissed but it still shows up on my criminal record. I have never had any issues with the law and one dumb mistake is going to put my career goals on hold. You would need to speak with a local attorney to see if anything can be done. The first felony would not be eligible due to subsequent convictions. You would need to convince a DA and Judge to sign off on a MAR or Motion for Appropriate Relief that strikes your conviction and reopens the case.You almost certainly need a local attorney if you want a good chance of success. My felony conviction date will reach its 10 year mark on 4/20/19. This stems from an argument where the neighbors call because they were arguing. It was like .2 grams. You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. I caused no accident, I never had any arrest prior or since. The answer may vary by state. speeding to elude arrest 4-7-09. I finished it all on 5/5/13. What county is this charge from? At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. These are all classified as Class 2 misdemeanors: This may be the threat of physical harm to another person or physical contact that does not necessarily result in injury. This is a Class E felony if there was a serious injury or the intent to kill. No lawyer is required to petition the Court for a record expunction in NC. A petition must be filed in the County and State where the charge originated. Cases dismissed after December 1, 2021 may automatically be expunged per the Second Chance Act. Assault on a Female Charge in North Carolina Does it start a conviction. 14-54(a), 14-54(a1), or 14-56. You would need to have any assault convictions reopened and changed to dismissals. Eligibility to expunge up to Three Non-Violent Felony convictionsafter a 20 year wait period if all occurred within the same 24 month period. 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 made a mistake in 2007 driving with 3 beers in me - I was .08. It was my first and only charge, and was due to my child not being in a carseat a half mile from our home. North Carolina Criminal Statute of Limitations Laws It was in my car, I stayed in jail for 7 months. Question: (So from this sites information tell me if I'm mistaken, Since I was under 18 and it's now been 4 years, I'm eligible for these to be exspunged?) The petition is then sent back to the county where it was filed. DUI convictions are not eligible per NC statute. Can I seal a class D drug trafficking charge that I was convicted of in 1999? I havent had any felonies since. Intent to Kill the details surrounding this charge point to the conclusion that the goal of the aggressor was to kill the victim. 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. It is a Class 2 misdemeanor. 15A-145.5? I am not sure I follow. Those are all felonies, I committed at 16. I was also 19 at the time. You need to contact local counsel in the county of the worthless check conviction rather than attempt anything on your own. The 10 year wait period for felonies does not begin until the probation period is completed. I also was charged in 2017 with a non violent felony do I have to wait for the 10 years. 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. Grady Adam Allen, 40 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 1300-BLK Goldrock Tr, Maiden. For a first time offender charged with a minor offense deferred prosecution is usually always an option. You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. What to Do If Youre Charged With Fighting or Public Affray in North Carolina. The Lenoir County Sheriffs Office announced it is pressing charges of simple assault against Patricia Graham, 71. 20-158 (d)(1) on a second ticket. The laws of North Carolina classify assaults as either misdemeanors or felonies, with the most basic charges being simple assault. An assault is the intentional attempt to injure another individual through the use of violence or threatening someone with bodily harm when the perpetrator has the Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. Yes. This statement is a, This is a post about hope. Can assault be expunged in NC? Perhaps you could file under 15A-145(a) but it appears at least the DA can object. It doesn't matter that I completed my probation without it being revoked, paid all my restitution/court costs, & lastly have not been charged with ANY more charges since!?! A deferral program will have costs associated with any recommended treatment or community service requirements. 21 years old. Same scenario but i had no lawyer present and i took a guilty plea yet i went through the same as the man in the above post. Simple Assault Charges - Granados Law Group I was told to complete community service. What are my expungement options? You would need to speak to an attorney where these charges originated to see if you have any options. It may be possible to go back and re-open the case to get a better outcome. For repeat offenders, jail time can reach 60 days. Arrested on Domestic Violence Charges? The Process See:North Carolina v. Brooks, 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. I have 12 felonies (6 B&E, 6 corresponding larcenies) all from the same event, in other words all in the same building, same date but multiple charges & convictions resulted because it was and building with multiple entities. The nature, extent, and magnitude of harm and injury may be considered by the sentencing Court, in the event of a conviction. Can I get this expunged or dismissal? Convictions involving violence for offenders over age 18 are not eligible.under NC law. North Carolina Criminal Law Chapter 14-33 (c) (2) establishes the charge as a Class A1 Misdemeanor Offense. I would suggest speaking with an attorney in that county for assistance. Our attorneys represent clients in the following areas: Our criminal defense attorneys are able to represent you for a variety of charges, including: If you have been charged in an assault related crime, then our Raleigh criminal attorneys are ready to serve you. It sounds like the lawyer you spoke with gave you good advice. Thank you in advance for your help. 04/07/2002 Obtain property by false pretense by writing a worthless check. With these other charges (DUI in the early 90;s, intoxictaed and disruptive in the later 90's and a possess drug paraphernalia as well), it seems I cannot have my felony expunged. Would I be eligible under the new law and is it five years from conviction date or completion of probation? 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. Your comment will be posted after it is approved. WebBasically, all misdemeanor crimes that prohibit the use or attempted use of physical force or the threatened use of a deadly weapon qualify as MCDV when the offense involves a defendant and victim in a current or former "domestic relationship," as defined under federal law. Consent the victim approved of the action prior to the act. So I would need to pay the $175 fee to have this expunged from my record and not show up on background checks. KAELIE CATHY KENNEDY Arrest Record - Jail Records If you want to move forward my fee is $750 and the process takes 9-12 months to finalize. DWI convictions are explicitly not eligible for expunction per NC statute 15A-145.5 under subsection.8(a). In 2001 I made a stupid mistake at 16. I never knew it had been dropped to Assault on a female until recently. By January 10, he was dead. North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. to have his record cleared ?? I am not aware of any law change in NC outside of local government jobs. 15A-145(a); however, the DA can object and the Judge will ultimately decide whether to sign the petition or not. Or is it still a conviction and I need to wait for 5 years? The charges were not filed by him but the officer who I called at that time. The year before that I was charged with failure to return rental properly but this case was dismissed as well as I was never charged and did not pay fees to the court. Multiple convictions from different incidents is usually a problem in expunction. Verified simply means they were notarized. If convicted, a person could be sentenced to between 4 months and 25 months in prison. It can be charged under a number of criminal offenses, such as simple assault, assault on a female, assault with a deadly weapon, and assault by strangulation. Does this mean that I simply have to file a separate form for each rather than putting them all on the same form or do I just have to pick one until the new forms are out and the new law goes into effect? North Carolina Simple Assault Charges: General Statute 14-33(a To take the 90-96 I had to plea guilty. I had to pa a fine , do community sevice and 5 yrs probation. Contact an attorney in that county to confirm your options and local procedure. I got a call from my attorney about a month later saying not to worry about it anymore it's been taken care of. It has been around 25 years since then. Also, I have several speeding tickets that were dismssed for improper equipment. Can't remember , but what if I did plead guilty ? I have three posses marijuana charges and two drug paraphernalia charges. Age: Booking Date: 3/3/2023. About 15 years ago I was charged with a class I felony b&e in Cabarrus county. What county is this conviction from? can i get these expunged? ), Assault on a child under age 12 (assault is committed by an adult), Assault on a government official while the official is discharging his duties, Assault on a school employee or volunteer while the employee or volunteer is discharging her duties, Assault inflicting serious injury (but not serious bodily injury). i have a hit&run conviction 22yrs ago. I was 20 when charged with Felony Possession of marijuana with intent to sell. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. I was charged with Felony Larceny, and plead guilty to Misdemeanor Larceny in 2003. You can either file yourself or hire an attorney. Misdemeanor Assault Charges in North Carolina - Gilles Law, PLLC I have been sober over 3 years. These are H & I felonies. I am a mass. Iredell county- NC What can I do? If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. The process includes multiple steps Must have only been possession with intent to sell and deliver. The NCSC writes in North Carolina v. Dew (2021): The question of how to delineate between assaults to know where one assaultendsand another begins in order to determine whether the State may charge a defendant with multiple assaults is an issue of first impression in our court. No other charges other than a dismissed trespassing on school property from 2007 for playing soccer after dark I have no other prior offenses. The fact that you were charged is never wiped clean absent an expunction. 2017 I got a misdemeanor Larceny. It does not matter if the act was intended as actual threat or just for fun. I received a PJC for embezzlement 22 years ago. 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. 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. Is there any chance that the ten year time period could start back in 2008 when the crime was committed and not when my probation finally ended? I wound up taking a plea bargain for possession. The result is automatically regarded as a sexual assault. I was convicted of a misdemeanor larceny charge March 2003 and a employment security violation charge in September 2003. assault charges I was told at the time by my lawyer I can get this expunged in 5 years. Would that be considered a violent crime? I was convicted and served 7 years in federal prison for distributing drugs from state to state 26 years ago. Will I be eligible under the new law? Other than a traffic ticket 45 years ago I have nothing on my record. If you were able to do that then you could probably get everything expunged. Happened when he was 18 had deferred judgement that he didnt finish requirements so ended up with conviction. Fees vary by attorney and county, but that seems a little high especially from the attorney who represented you on the underlying case and already has an open file with all the necessary information. Would I be able to get these expunged? Thanks! If he has no other convictions and the conviction does not involve violence then he should be eligible December 1. The injury may not require attention by medical personnel, but if the possibility exists, then the charge is defined as serious. 2016 I got a misdemeanor Larceny that got dismissed. 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. Will I be eligible for expungement and when? It happened 17 years ago. I had a misdemeanor-injury to personal property dismissed about a year ago. You should be eligible on the damage to real property if no other convictions other than traffic violations. Does The Term Simple Affray Mean In Raleigh Are these you only convictions of any kind? Assault And he had not been arrested since. Pleaded guilty to Breaking and Entering when I was 19 in 2000. I generally charge a $750 attorney fee for expunction and process usually takes around a year to finalize. Simple assault is the unlawful assaulting of another person and is the least serious assault crime that a person can be charged with. points on my Driver License. It took five years for them to finish my case. Contact an attorney where the charges originated to see if you have any immediate options. It resulted in dismissal (VD) and then expunged at same time so it doesnt show BG check. Multiple convictions from different incidents create a problem. I've been looking forward to 2025 to get this fully behind me. The first and only offense I had and will only ever have. It should be eligible for expunction depending on the conviction date. Thank you very much! I really dont want to pursue this anymore . Multiple convictions from different incidents is a problem. Will this automatically come off my record or will I have to get this expunged? I received a class I felony for NC tax evasion in 2001 for three years of returns. At Kirk, Kirk, Howell, Cutler & Thomas, LLP., we understand the importance of protecting your privacy and will never share your contact information with a 3rd party. Thank you! WebA simple assault, assault and battery, or affray, charge in North Carolina is one that does not have any aggravating circumstances, such as an incident resulting in serious bodily injury or the use of a firearm. Is this true? Were you originally charged with a felony and it was reduced to a misdemeanor? The information you obtain at this website is not, nor is it intended to be, legal advice. I got a misdemeanor possession of marijuana charge less than a quarter abt 4grams in 2007 Mecklenburg Cty & took a class I was 33 then 2012 got another one in Rowan cty I was 37 it was less than a gram am I able to get these removed if so how much do you charge for the process please help desperate, The first one was when I took the class I think the other was I had to pay a fine, Would need to know the exact outcome for each case?