Juvenile Petition Nc With Assault

State:
North Carolina
Control #:
NC-J-900M
Format:
PDF
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Description

Juvenile Petition for Emancipation: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


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FAQ

In North Carolina, a judge will determine whether it is possible to drop any charges on a simple assault case using three elements. The first one is intent. Intent refers to the nature of the assault and if there were serious threats involved during the assault. The next element is reasonable apprehension.

The crime of simple assault involving physical contact under the North Carolina Criminal Law Chapter 14-33(a) is the unlawful touching or application of force to the body of another person. Assault is not specifically defined by statute and therefore relies on the traditional Common Law crime of assault for definition.

This can include unlawfully touching someone or threatening someone with bodily harm when it appears that you have the immediate capacity to carry out your threat. Simple assault is a Class 2 misdemeanor. If you have no prior convictions, the sentence could involve probation or up to 30 days in jail.

A juvenile complaint must be filed with a juvenile court counselor in the county where the alleged delinquent or undisciplined act occurred. Any person can submit a complaint to a juvenile court counselor.

Assault on a child under 12 is a class A1 misdemeanor under North Carolina General Statute 14-33(c). The maximum under the law is 150 days incarceration and a discretionary fine not limited by statute.

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Juvenile Petition Nc With Assault