What Is A Malicious Misdemeanor In North Carolina

The law says you can't expunge: Class A through Class G felonies. Crimes that involve contaminating food or drinks in a way that makes someone mentally incapacitated or helpless. Felonies that include assault as an essential element of the offense.

An indictment is where the State brings in a Grand Jury to hear evidence on the case. The Grand Jury will deliberate and if they find enough evidence to indict the Defendant, they return what is called a True Bill of Indictment.If the jury finds the Defendant guilty, the Judge will issue the sentence (punishment).

This way, the millions of NC residents with criminal convictions can clear their records faster. The most important components of the change are detailed below: Misdemeanor convictions can now be expunged after 5 years instead of 15. Felony convictions can now be expunged after 10 years instead of 15.

A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime.For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced.

You can have felonies expunged if your case was dismissed or if you were found not guilty in court. However, if your felony charge resulted in a conviction, your eligibility depends on how old you were at the time you committed the crime and the charge you received.

North Carolina's criminal statute of limitations is two years for most misdemeanors, and there is no statute of limitations for felonies or crimes classified as "malicious" misdemeanors.These misdemeanors contain an element of malice, which means the accused was malicious in carrying out the crime.

What felony charges can be dropped to a misdemeanor? Any felony charge in North Carolina could potentially be dropped to a misdemeanor.

True Bill. If an indictment is returned a True Bill, then the grand jury has decided that a trial should occur. If the defendant does not have a lawyer, he can seek court-appointed counsel at this time. The defendant will often be assigned a trial date at this time.

Class 1 misdemeanor carries a maximum penalty of 120 days in jail and a discretionary fine. Class 1 misdemeanors include possession of drug paraphernalia, larceny, possession of stolen goods, damaging real or personal property, communicating threats and prostitution.