i dont have the money to hire an attorney, so im hoping i can do it myself. Multiple felony convictions in different years are usually a problem. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. I had a misdemeanor charge sometime in 2008 in Durham county for selling the alcohol on Sunday before 12pm. Many Simple assault is a misdemeanor offense in North Carolina. Let our assault attorneys review your case by calling (919) 239-8448 or filling out the contact form below to schedule a free consultation. 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. I think it's wonderful that you're reaching out to the community. You would need to reach out to an attorney in that county to determine your options as that is where anything would have to be filed. I bumped a vehicle there was no damage and took off someone reported it. I have a house in my name but she lives there. Governor Roy Cooper signed a new expungement law that went into effect on December 1, 2017. Expunging a Misdemeanor Conviction in NC Other Distinct Interruptions may include a change in location, an interruption resulting in a change in the attack momentum, or some other clear break that delineates the end of the first assault and the beginning of a second or other additional assault. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. How long would it take? If the impaired driving offense was dismissed or there was a finding of not guilty you should be eligible. I lived in Georgia at the time. As I told him when we left the court room that morning David, you have changed my life forever. Does it start a conviction. Wake 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. Thanks for your advice, it's appreciated. The North Carolina Supreme Court defines, generally, the common law offense of simple assault as an attempt or overt act or the unequivocal appearance of attempting, with violence and force, to do some form of immediate harm or injury to the person of another. Hi I was convicted of possession of stolen goods and then one year later I was convicted of felony breaking in entering this happen 35 years ago after I was 18 can I get two separate class H convictions expunged with this new law thanks. Hopefully you can get the 2017 charge dismissed soon so you can include both in the same petition. Depending on the state, consequences for a juvenile charged with simple assault could include: jail time (to be served in a juvenile facility or, in rare cases, an adult institution) community service probation restitution (repayment) to the victim for medical bills, lost wages, or other expenses) Arrested on Domestic Violence Charges? The Process 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. North Carolina General Statute 14-33(c)(2)specifies when the offense of assault on a female has been committed. Will I be eligible for expungement? That should have been eligible years ago even before the new law- did someone advise your otherwise? However, if your case results in a conviction, the wait period depends on the charge and your age. Usually you need the consent of the DA to reopen a case so mostly it depends on if they care about the charge or not. a distinct interruption in the original assault followed by a secondassault[,] so that the subsequent assault may be deemed separate and distinct from the first. RESTORATION OF FIREARM RIGHTS. The citation was technically for violating a town ordinance against open containers of alcohol in public. Coolidge Law Firm is committed to seeking the best possible outcomes to these types of cases, whether it is negotiating a reduction of charges through a plea bargain or fighting for a complete dismissal of charges at trial. Were these convictions from the same incident? Can I have this charge expunged? Under the new law, misdemeanor larceny convictions for those over age 18 at the time of the offense will be eligible after a 5 year wait period. 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? Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. Take a look at the newly created AOC-CR-287 for dismissed charges. Hello, I was arrested in 2010 for attempting to obtain c/s by fraud/forgery, a class I felony, I was 25 at the time. One thing I have to say about this offense is that the justice system treats people charged of this in a very harsh manner that is not necessary. Charges never automatically drop off a record after a certain number of years. Or is it still a conviction and I need to wait for 5 years? You should be eligible 2 years after your sentence was completed assuming that is your only conviction. Charges never automatically drop off your record. It was in my car, I stayed in jail for 7 months. These crimes are considered domestic violence when the assault is committed against certain individuals that the perpetrator has a personal relationship with. They include: While often charged as a misdemeanor, the offense can be a felony in serious cases. Depends on the Class level felony and if you have any other convictions of any kind. I was not convicted and it was dismissed without leave. It may be possible to go back and re-open the case to get a better outcome. 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. I was charged with Resisting Public Officer on 12/4/11, sentenced on 5/5/12 and was given 1 year supervised prob, if acted well and completed community service, last six months, unsupervised, which happened. Trying to get a non violent felony expunged bit the 14.oo bad check 30 years ago that I paid for is in the way. WebN.C.G.S. Some of the possible defenses that may be used against assault charges include, but are not limited to: Have you been charged with committing one of these types of crimes in North Carolina? My father is now deceased. I was told that my charge would never be seen again after it go in the system?? I have 2 charges. No other charges before or since. About. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. The nature, extent, and magnitude of harm and injury may be considered by the sentencing Court, in the event of a conviction. Multiple convictions from different incidents is usually a disqualifying factor. It happened 17 years ago. Thank you in advance for any information you can assist with me with! I was 17 at the time and its really hindering my ability to get a decent job. Statutory Rape and Indecent Liberties in North Carolina, Board Certified Specialist in Criminal Law. I live in Hawaii now and am trying to get my long gun permit to hunt. How much should I expect to pay for Atty and court fees..Charges are 17 old as of March. Would that be a correct assessment? All three did. I was told i didnt have to show up for that. I was 18 when charged 19 when convicted. This is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. Could i file for expungement and what forms would i use? Never heard of someone being charged with two paraphernalia charges from the same incident. I would like to have this cleaned up any way possible. At Kirk, Kirk, Howell, Cutler & Thomas, LLP, our criminal law team has defined what an assault charge means in North Carolina. Are you talking about expunction or a pending charge? Learn about North Carolina's criminal statutes of limitations in the table below. The charge was dismissed but it still shows up on my criminal record. All three of my charges are from the same incident/case, but one was dropped from a felony to a misdemeanor and didnt get dismissed like the other two will I still be able to use the 287 form? SIMPLE ASSAULT (MISDEMEANOR) KAELIE CATHY KENNEDY, WHITE, FEMALE, AGE 27 (view image), arrested on charge of SIMPLE ASSAULT (MISDEMEANOR) At 100 BLK DAVIDSON DR ASHEVILLE, NC on 02/28/23 11:25:00 Case # reported on 02/28/23 11:25:00 Misdemeanor Assault Charges in North Carolina - Gilles Law, PLLC several months ago i was charged with another misdemeanor assault, this case was also dismissed, is it also eligible for expungement? If you were age 18 or above, the answer is no, not yet, unless 15 years have passed since the conviction and you have not Realistic worst case scenario would involve pleading or being found guilty and having to endure supervised probation for a year or more. They were all misdemeanors. One. 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. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. I was convicted of possession with intent to sell and deliver cocaine over 30 years ago. During a background check for a rental I was recently surprised to see a $10 ticket for "Possession of an alcoholic beverage" 20 years ago. Is this true I can have both of cases expunged now. However, I am finding that you cannot have multiple dismissals expunged unless they are within 12 months of each other (none of mine are). 1981 conviction of misdemeanor.2007 conviction of dui. To be convicted, it must be proven that a person committed an assault on the victim that caused physical injury by strangulation. I heard that its a new law about to help people with a crime that hasn't been in anny trouble since that. 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 . The North Carolina Supreme Court defines, generally, the common law offense of simple assault as an attempt or overt act or the unequivocal appearance of Can I get this expunged or dismissal? I was anxious and nervous about my case from the beginning. Domestic Violence Charges and What You Need to Know. That being said, it may be possible to change the PJC into a dismissal or not guilty. WebNew Jersey: According to N.J.S.T 2C 12-1, most simple assaults are classified as disorderly person offenses, which are punishable by up to 6 months in jail and $1,000 in Any word from North Carolina Administrative Office of Courts on when the new form will be available that fit the new dismissal expungement rules? Evidence of distinct, multiple injuries and nothing more does not serve as sufficient evidence of an interruption, to the level of a distinct interruption allowing for the accused to be charged with more than one count of assault. Every few years they expand the eligibility so keep an eye out for future amendments to the law. Thanks, Jerry. Talk to a local attorney to find out what judges in that county will sign or not sign. Can't remember , but what if I did plead guilty ? You are likely looking at a minimum 5 year wait period on the convictions in Wake Count if you were over 18 when charged. Can I ever hope to get it expunged and sealed and find meaningful employment and have a normal life again? [Marijuana],4) B&E Vehicles[Principal],5)B&E Vehicles[Principal]. Multiple convictions from different incidents is a problem. Is there any chance to get this expunged. InNorth Carolina v. Littlejohn, 158 NC App 105 (2005), the Defendant accused of two counts of assault that took place at distinct times, resulting in distinct injuries to different parts of the body of the victim, could be convicted of two counts of assault. The 10 year wait period for felonies does not begin until the probation period is completed.