I previoulsy plead guilty. If you are facing criminal charges, you need to speak with anexperienced criminal defense attorneyas soon as possible. Schedule a free consultation today with The Law Firm of John C. Fitzpatrick, P.C. They sent me a letter in the mail explaining that The criminal defense lawyers at Gilles Law can provide you with insight into your charges. I had a couple of review dates and my final review date was last week. Class A1 convictions are not eligible, but if this person was sentenced under a Class 1 then it would seem to meet the definition of a non-violent misdemeanor. That being said, it is important to realize the 10 year period does not begin to run until after any probation period is over. Cheryl Swink Wright, 45 was arrested on charge of Simple Assault Simple Assault & Battery or Affray at 100-BLK Elizabeth Ave, Lincolnton. If you have been charged with Simple Assault in Raleigh, North Carolina or the Wake County area make sure that you Hi, I have a Prayer for judgement for a misdemeanor larceny from 2010 and a second degree trespassing from 2012. I could plead improper equipment and get no points on my insurance or license. Even a murder dismissal or not guilty verdict is eligible. All were dismissed. in 2022 may I hire attorney and start the process for expungement though I had misdemeanor in durham county stating VD. Multiple convictions from different incidents creates major issues. No other trouble ever. Thank you for answering questions. To only find out now that I can't get my two felonies expunged therefore I probably will never be able to return to the career that I loved with a passion;Teaching Middle & High School High-Risk Teenagers (so very disheartning)!! In It was like .2 grams. This offense has both misdemeanor and felony versions. Is there any possibilities to work out something? Verbal and written threats will contribute to the charge. Simple assault and battery are usually charged as misdemeanors, but they can be bumped up to felonies in some cases. And would there be a waiting period and fee to apply for an expungement? You would likely need to get the PJC converted to a dismissal if you want an expunction because the charge involved violence. I have never had any felonies. Assault on first responders police, firefighters, emergency medical technicians, etc. Are You Eligible for an Expungement in Charlotte? My daughter is now 24 and every job she applies for when the background check comes up it finds a misdemeanor assault charge from 2010 (the high school fight at 16). Consent must meet the following criteria: *No intent is necessary to be proven if a victim does not consent to sexual activity. Sorry, but I just don't have an answer for you. Did you not have a lawyer originally on this case? You should consult an attorney for advice regarding your own individual situation. However, if you are arrested for assaulting another person, you could face anything from a misdemeanor charge to a felony. The first felony would not be eligible due to subsequent convictions. These were questions I thought of after I spoke with the lawyer on the phone and I didn't want to call back to ask since he seemed so busy. The charges were in Rutherford county North Carolina. I was given a Class G felony for selling 5 Oxycodone over 10 years ago and there are people that are "career Criminals" only have H & I felonies.tell me how they're more deserving of an expunction than me? They are reflected as pending charges.. The Petition and Order of Expunction form I found online also only makes reference to infractions charged prior to December 1, 1999. I have a Misdemeanor for 2 counts of Child Abuse and April of 2019 will be 10 years. What are the steps if I am eligible for an expungement. A misdemeanor assault case is more typical than a felony, but both carry severe penalties that could affect you for the rest of your life. This is a Class A1 misdemeanorthe most serious misdemeanor offense in North Carolina. Under the new law there are wait periods for convictions ranging from 12 months to 10 years for those under age 22 at the time of the offense, depending on the exact charge. Child Pornography Crimes and Penalties in North Carolina, Tactics the Police Could Use to Get You to Confess to Committing a Crime, Search Warrants: When the Police Must Have a Warrant and When They Can Conduct a Warrantless Search, What You Need to Know if Your Child Is Charged With Shoplifting in Charlotte, Robbery With a Dangerous Weapon Is a Serious Felony in North Carolina, Current or former intimate partner, which can include dating or living together as a family, A persons childwhether by birth or adoption. Thanks for taking time out of your day to help citizens like us. Just asking for a dismissal may not work. This means that the defendant will need to work through the court system to resolve the case either by deferral program, plea agreement, or trial. Got a misdemeanor Larceny when I was 16. What is a Criminal Summons in North Carolina? I made a mistake in 2007 driving with 3 beers in me - I was .08. There was actually no breaking and entering. What county was the conviction from? Dewey P. Brinkley is a former Wake County Assistant District Attorney. Assault A reasonable threat of bodily injury that instills fear of harm in the victim. I have 2 simple assault cases that where dismissed can I have these expunged? I had a misdemeanor larceny charge in 1998 then another in 2014. Prosecutors and law enforcement will have access to records. Can I ever hope to get it expunged and sealed and find meaningful employment and have a normal life again? I don't understand the logic behind making it impossible for one to expunge a DWI, especially in the circumstances of it happening under the age of 21 (example, age 19) - especially when many years has passed by (15 years for example). Assault With a Deadly Weapon. Are these 2 types of charges that can be dismissed? Iredell county- NC Once signed your local county may immediately destroy the file held at the Courthouse. I also have a previous charge for the same thing but it was dismissed. That being said, you could always list the extra charge and see if a Judge will sign off on it. I already know it will be dismissed . I thought it was a done deal, but during a background check they showed up as misd. That being said, it will ultimately be up to your local judge as whether to grant or deny the request. I was at a house party and went into a room and took a laptop. Convictions for assault are not eligible if they occurred after age 18. If you have are facing an assault charge in North Carolina, you should contact a criminal defense attorney immediately to discuss your options. 2. Is this elegible for expungement or motion for apropriate relief? The new law makes a much needed change by allowing a person to erase an unlimited number of charges that have been dismissed no matter when they occurred as long as the individual has no felony convictions. In the time since now, a law has changed making my b&e unable to be expunged. A gun, knife, car, ax, baseball bat (or other blunt object) could all be considered to be deadly weapons. From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. Do I have a chance to appeal those convictions? It sounds like the lawyer you spoke with gave you good advice. Read the statute for the required language. This compendium includes significant criminal cases by the U.S. Supreme Court & N.C. appellate courts, Nov. 2008 Present. But I took a plea for Crime Against Nature. Would I be able to get that particular domestic silence charge expunged under new law even though I did get other charges same year. This was my first offense and last. I was convicted in 2011 of involuntary manslaughter. Mr. I was 17 years old. Dismissals cannot be expunged if you have any felony convictions. Therefore, it is in your best interest to contact a local defense lawyer that can provide you with a free consultation about your case. In North Carolina, a deadly weapon is basically anything that could be used to kill someone. I am not sure what you are asking. I was 19 at the time. All three did. You can schedule a consultation with a Raleigh criminal attorney by calling (919) 615-2473 or completing the online contact form below. That being said, it is always worth a try- the worst that can happen is that your request is denied. Assault in North Carolina is governed by North Carolina General Statute. Also does this charge show up on background checks now? Involuntary manslaughter is Class F felony under NCGS 14-18 and therefore not eligible. To make a long story short I was never offered a lower sentencing or charge by the judge considering that this was the first time I got in trouble and as stated before it is currently the only thing on my criminal record. I forgot to ask.. for the current misdemeanor charges.. The charge was dismissed but it still shows up on my criminal record. It appears that charge may be possible to expunge, although I have never attempted to do so. Multiple convictions from different incidents is usually a disqualifying factor. I wound up taking a plea bargain for possession. Is there any case or situation where the ten year time period may be excused? Is there a way that a person with a violent crime that is over 17 years old can that person have his record expunged. If this offense occurred after she turned 18 and it has been at least 10 years she may be eligible for an expunction. (a) Any person who commits a simple assault or a simple assault and battery or participates in a WebSimple assault is a misdemeanor offense in North Carolina. I was put on 12 months unsupervised probation. No incidents since then but I can't get an apt with those misdemeanors on my record wat can I do? Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. The 10 year wait period for felonies does not begin until the probation period is completed. Not-guilty outcomes also have no charge. This was 19 years ago. 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. Feb. 25, 2023 Arrests. 15A-145.5? Can I at least get the dismissed felonies expunged? 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. DWI convictions have never been eligible for expunction. Every few years they expand the eligibility so keep an eye out for future amendments to the law. Convictions involving violence for offenders over age 18 are not eligible.under NC law. The first and only offense I had and will only ever have. For charges that originated in Mecklenburg County, North Carolina the petition must be filed in Charlotte. Assaults a child under 12 years old. Bottom line- talk to a local attorney in the county where the charges originated to see how best to proceed.

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