The misdemeanor version of this offense is a Class A1 misdemeanor. WebUnder North Carolina law, these crimes are defined as: Assault. The criminal defense lawyers at Gilles Law can provide you with insight into your charges. I was 16 at time of offenses and 17 at time of conviction. Every situation is unique and should be considered on a case by case basisNOT only H & I felonies. If you were over 18 when charged you prior attorney is likely correct. We (my daughter, myself, the girl she fought, and the girl's mother) went to court for mediation where they admitted they fought and they had to sign a letter stating they wouldn't fight in school again. Dismissed with leave in NC means the prosecutor the later revive the charge. You could try now, but technically you might have to wait until May. If this offense if beyond all redemption than all people who get charged with this one time and one time only need to be charged a felons with no hope of ever excusing one mistake. WebSeeking to have a charge or multiple charges expunged from a North Carolina criminal record can be a timely and intimidating process. Getting convictions reopened is not easy and sometimes impossible. Perhaps you could file under 15A-145(a) but it appears at least the DA can object. It is a Class H felony if an alleged offender assaults another person and inflicts physical injury by strangulation. 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. It now has suspended my mass. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. A misdemeanor charge that has been dismissed or after a finding of not-guilty is immediately eligible. You would need to speak with a local attorney to see if anything can be done. 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 The charges were dismissed. Even misdemeanor convictions involving violence are not eligible per NC statute. Reading and researching it states that I am. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation. You are likely looking at a 10 year wait period after probation ends. It was later reduced to misdemeanor assault on female in 2012. That requires a show of force or menace of violence (overt threat of violence) sufficient to put a victim of reasonable mental firmness in fear of a bodily harm that is imminent or immediately forthcoming. I have nothing else on my record. Contact our Simple Assault Lawyer in Greensboro if You or Someone You Know is charged with Simple Assault in Greensboro, High Point or Asheboro. Was charged with a misdemeanor for larceny. Thanks for answering questions! Did his offense involve violence? You should be eligible if it was a misdemeanor or low level felony. The 5 year misdemeanor wait time starts to run after probation is completed. 15A-146. Both charges will certainly appear on your record. 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.
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