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Assault Charge Lawyer in Apex, NC
Apex NC assault charge lawyer

In North Carolina assaults are viewed as serious violent crimes. You do not have to physically touch someone to be charged with assault in Apex, North Carolina, and even found guilty. If you are facing the possibility of a criminal record for assault or time in prison, you need the best possible assault charge lawyer in Apex, NC on your side who can help to get the best outcome for you.

Even if you were just defending yourself in a brawl, you might have let your anger take over. Whatever the case may be and whatever the situation was, your side of the story must be heard, and everyone deserves fair treatment under the law in North Carolina. An assault charge lawyer in Raleigh, NC will work to defend your rights.

Laws and Penalties Regarding Assault in Apex, North Carolina

There are many different classifications and levels of assault in North Carolina. A great deal of the distinction involves who was hurt, how severely they were hurt, and what happened.

Misdemeanor Assault

If an assault occurs that is not considered as one of the more serious types of assault under North Carolina law, it is typically classed as a Class 1 misdemeanor. Such assaults usually include verbal assaults, fights, and minor physical contact.

A Class 1 misdemeanor is punishable by up to 120 days of jail time. If you have a criminal history, and depending on what it is, your assault charge lawyers might be able to have your sentence suspended so that you rather serve time on probation instead of in prison. There are often deferral deals available where one could do community service or anger management classes as part of a deal for a dismissal.

Felony Assault with a Deadly Weapon

A deadly weapon is usually considered a tool or weapon that has the potential to cause death. This could include a strangulation device, a vehicle, a firearm, and other objects that could cause such harm. Under this offense, there are a number of situations that qualify and each has their own potential sentence and classification.

For an assault in Apex, North Carolina that occurred with intent to kill and resulting in seriously bodily injury, you will be charged with a Class C felony. These felonies are punishable by up to 44 – 92 months imprisonment if you are a first-time offender. The sentence may be longer if you have prior convictions.

It must be noted that there are circumstances within your case that could automatically elevate the seriousness of your charge. Aggravating circumstances include assaults done on people such as the elderly, handicapped, and firemen. Furthermore, an assault in Raleigh, N.C. committed at a school, on public transportation, or at a public event might be viewed as more serious.

Domestic Simple Assault in North Carolina

If you have been a victim of domestic violence, it is not unusual for an assault and battery or simple assault to have taken place. There are a variety of layers of assault and battery and they may sometimes occur between people who have, or had, a dating relationship of some type.

Simple Assault

A simple assault is a Class 2 misdemeanor that is punishable by up to 60 days in prison. This kind of assault occurs when someone commits assault on someone else. Interestingly, physical contact does not have to be made for an assault to have taken place.

Assault on a Female

When a female is assaulted, it is considered a Class A1 misdemeanor that is punishable by a sentence of no more than 150 days imprisonment. When it comes to domestic households, this can be a common charge, since often, verbal arguments between people involved in a relationship can result in physical confrontations. For men, in particular, this can be problematic, since the laws afford females additional protection as it relates to being the victim of an assault.

In order to meet the elements of assault on a female, an adult male who is eighteen years or older must have committed battery or assault on a female.

When Should You Contact an Assault Charge Lawyer?

A knowledgeable assault charge lawyer will have ample experience with cases of assault in Raleigh, N.C. An assault charge lawyer understands how to present a case in the best possible way to the prosecutor and judge, and can defend you against your charges, often getting those charges dismissed or reduced before going to trial. If you are facing charges of assault, you need to speak to an assault charge lawyer with the right experience who can protect your rights.

If you have been charged with an assault, it is important not to discuss the situation with anyone other than your assault charge lawyer.

Contact an Assault Charge Lawyer in Raleigh at The Law Offices of Wiley Nickel, PLLC Today

An assault charge lawyer can assist you with your assault charges and ensure that you have the right criminal defense team on your side to fight aggressively for you at trial. It is also important to have an attorney on your side to effectively represent you and who will work tirelessly to defend you against your charges or seek any possible advantages. Our defense lawyers are committed to fighting for the best possible case outcome and protecting your rights throughout the Wake County criminal defense process. You can reach us at 919-585-1486 for a free consultation. Our office is located in Cary, NC and we handle assault cases in Wake County, NC.

Do I need a lawyer for a speeding ticket in Apex North Carolina?
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What should I do after I receive a speeding ticket in North Carolina?

Do not pay your speeding ticket without calling an attorney. Contact an Apex Speeding Ticket Lawyer for more information. Most local attorneys offer free consultations. Paying your ticket may lead to a suspension of your driving privileges and could cause your insurance to go through the roof.

Can I represent myself in traffic court?

Yes but it’s generally a really bad idea. An experienced attorney will review your DMV record to handle your case in the best way possible. The goal for most clients is a reduction to the non-moving violation on improper equipment and also to receive zero insurance points. If you mishandle your ticket you may find that your license is suspended or you will receive a steep hike in your insurance premiums. Our rates start at $98 and we are generally able to go to court on your behalf.

Does the officer have to prove his/her radar was working properly?

No. The radar simply corroborates the officer’s visual estimate of your rate of speed. No radar reading is required to convict you of speeding. The officer simply needs to state that based on his/her training that your estimated speed was 75 in a 55 to get a conviction. That’s not easy to beat at trial.

Can the District Attorney in Traffic Court Reduce my ticket?

They can dismiss, reduce or amend your ticket to another charge (like Improper Equipment). Then only a judge can give you a PJC. An experience speeding ticket attorney will know what type of reduction or amended charge is best for you.

How much are the court costs and fines for most speeding tickets?

The costs generally range and no two cases are alike. For a reduction to improper equipment you’re probably looking at $263 for Wake County. The in Wake County a speeding ticket would probably have court costs and fines of only $188 or $198. While Improper Equipment is higher in terms of costs it’s much better because it’s a non-moving violation and you don’t have to worry about the possibility of losing your safe driver discount for some carries.

Wake County Speeding Ticket Lawyer/Chatham County Traffic Ticket Attorney

If you received a speeding ticket in Wake County or Chatham County, North Carolina please contact The Law Offices of Wiley Nickel, PLLC for a free consultation. You can reach us at 919-585-1486. Our sattelite office is located in Apex, NC.

How Many Different Expungements Can You Get in North Carolina?

How To Get Your Criminal Record Expunged: Can You Get Multiple Expungements in North Carolina?

You can get as many expungements as the law allows.  Some types expungements bar you from getting certain other types of expungement in the future and for other situations there could be multiple expungements allowed.  It’s all very fact specific.

Certain Convictions under 18 and Certain Drinking Tickets under 21

Many can get an NC expungement of a misdemeanor conviction for an offense committed before the age 18 plus certain drinking tickets before age 21.  That expungement statute does not list a prior expungement as a bar to getting one.

Dismissal/Not Guilty Expungements

In many cases you can’t get a dismissal expungement if you’ve had certain other types of expungements.  If you have a misdemeanor conviction on your record and want to get an expungement for a dismissed case that conviction likely does not bar you from a dismissal expungement.  For many clients the order of using their expungements is very important and if there are multiple things going on you could limit the possibilities for expungements if you do them in the wring order.

15 Year Wait Expungements

For many clients their public records can be erased through the expungement process for one misdemeanor or low level felony after 15 years have passed (assuming it’s the only criminal conviction on their record).  In that situation most other prior expungements could block them from the 15 year wait kind of expungement.  An expunction of a dismissal is the one type of expungement that is not listed as a bar to getting the 15 year type.

What Next?

A prior expungement generally makes it difficult for a person to get an expungement more than once. However there is not a rule that allows only one expungement for all scenarios. The terms of each statute control whether a person can obtain another expungement. North Carolina law creates a narrow path to additional expungements in many situations.  All cases are different.  If you have questions about getting a second expungement contact The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation.  Our NC Expungements Lawyers will answer your questions and let you know if we can expunge criminal records for you.

The Law Offices of Wiley Nickel, PLLC Earns BBB Accreditation

FOR IMMEDIATE RELEASE

March 17, 2017

The Law Offices of Wiley Nickel is Committed to BBB’s Standards for Trust

This week, The Law Offices of Wiley Nickel announced its recent accreditation by Better Business Bureau serving Eastern North Carolina. As a BBB Accredited Business, The Law Offices of Wiley Nickel is dedicated to promoting trust in the marketplace.

“We are proud to have met BBB’s high standards and we are excited to be part of an organization that exists so consumers and businesses alike have an unbiased source to guide them on matters of trust,” said Raleigh Attorney Wiley Nickel. “BBB Accreditation gives our customers confidence in our commitment to maintaining high ethical standards of conduct.”

BBB Accredited Businesses must adhere to BBB’s “Standards for Trust,” a comprehensive set of policies, procedures and best practices representing trustworthiness in the marketplace. The standards call for building trust, embodying integrity, advertising honestly, telling the truth, being transparent, honoring promises, being responsive and safeguarding privacy.

When dealing with a BBB Accredited Business the consumer has peace of mind knowing that they are dealing with an honest organization that is accountable to its clients.

For additional information regarding BBB Accreditation, visit easternnc.bbb.org.

About The Law Offices of Wiley Nickel, PLLC:

"When your future and reputation are at stake, an experienced Raleigh Criminal Defense Lawyer makes your rights a priority."

As a former Deputy District Attorney Wiley Nickel has the experience that matters most.  With a practice based on trust, respect, discretion and professionalism, Raleigh Criminal Lawyer Wiley Nickel helps his clients avoid the dire consequences of criminal charges.

As a Raleigh Criminal Defense Attorney, Wiley focuses on Wake County Misdemeanor charges and Raleigh DWI/DUI offenses.  A DWI or other criminal charge can have a profound effect on your life and financial situation, and the right Raleigh Criminal Defense Attorney makes all the difference.  Fighting traffic tickets, which may negatively impact your record and lead to huge increases for your car insurance, is another way Wiley defends every aspect of your rights.

Wiley Nickel and Associate Attorney Kristi Haddock focus on Raleigh Criminal Defense, Family Law, Wake County Traffic Tickets and Epxungements from their Offices in Cary and Apex.  Contact The law Offices of Wiley Nickel when you need an Experienced Criminal Defense Attorney, Marijuana Defense Lawyer, DWI Lawyer in the cities of Raleigh, Cary, Morrisville, Apex, Holly Springs and Fuquay Varina.  Defending your rights is our main priority.

About BBB serving Eastern North Carolina:

Better Business Bureau serving Eastern North Carolina is a 501(c)(6) not-for-profit corporation serving 33 counties in eastern North Carolina. The organization is funded primarily by BBB Accredited Business fees from more than 3,000 local businesses and professional firms. BBB promotes integrity, consumer confidence and business ethics through business self-regulation in the local marketplace. Services provided by BBB include reports on companies and charitable organizations, general monitoring of advertising in the marketplace, consumer/business education programs and dispute resolution services. All services are provided at no cost to the public, with the occasional exception of mediation and arbitration. Visit bbb.org.

North Carolina Expungement Court Costs

Expungement court costs can be confusing.  The North Carolina Legislature recently made expungements more expensive for some people and added an extra $175 in expungement court costs in order to file for certain expungement petitions when a case has been dismissed.

If your case was dismissed as the result of compliance with a deferred prosecution agreement or a conditional discharge and dismissal then the law says you need to pay an extra $175 in expungement court costs for an expungement.  If your case was NOT dismissed deferred prosecution agreement or a conditional discharge program then you do not need to pay court costs of $175 for a dismissal expungement.  The main rule of thumb is generally whether or not a judge signed the deferred prosecution agreement. 

You do not need to pay the $175 in expungement court costs if you do not wish to file an expungement.

If your case was dismissed for any number of other reasons then you would not likely have expungement court costs.  If you were found Not Guilty then there would be no expungement court costs for an eligible expungement petition.  Other reasons for a dismissal could be the failure of the state to prosecute (no witnesses).  They could also be weak legal grounds for the case where the DA dismisses the case or an informal dismissal where the case was dismissed for community service where there was no formal signed agreement.

You can also seek to avoid expungement court costs if you are indigent.  In order to automatically qualify for an indigent fee waiver of the $175 expungement court costs you must be a current recipient of one of the following:

  1. Food stamps
  2. Aid to Families with Dependent Children (AFDC)
  3. Supplemental Security Income (SSI)
  4. Representation by legal services organization (or private attorney working on behalf of legal services organization).

An individual not currently receiving one of these benefits, must submit an affidavit of Indigency to try to avoid the $175 North Carolina Expungement Court costs.  This affidavit would just need to show that you have little or no money coming in and could not afford the $175 court costs to clear your record.

If you would like more information about North Carolina Expungements and NC Expungement Court Costs you can call The Law Offices of Wiley Nickel, PLLC at 919-373-2288 for a free consultation to discuss hiring our law firm for your North Carolina Expungement petition.  We are based in Cary, NC and handle petitions for the entire state of North Carolina.

New Satellite Office Open in Apex!

The Law Offices of Wiley Nickel, PLLC is proud to announce the opening of our first Satellite office.  The new office is located in Apex, North Carolina at 510 West Williams Street, Suite 101.  We will be able to take meetings by appointment at this new office location in Apex.  The expansion is part of an effort to better serve clients in Western Wake County and Chatham County, North Carolina.

At The Law Offices of Wiley Nickel, PLLC, we believe that successfully addressing client needs requires more than just knowledge of the law and a mastery of the multitude of rules and regulations that impact our clients’ needs. Providing quality legal services means being in our client’s community and being able to meet our clients where they live. Our commitment to excellence, combined with our mission to deliver outstanding client service, has earned our firm the excellent reputation it enjoys today.

The Law Offices of Wiley Nickel, PLLC is proud to have a great reputation and a tradition of aggressive representation of our client’s needs.  We provide quality legal representation and are dedicated to maintaining and expanding our capabilities and expertise across a wide range of practice areas in order to better address the diverse needs of our clients.  Our principal areas of practice include: Criminal Defense, DWI Defense, Speeding Tickets, Expungements, Juvenile Delinquency, DMV Issues, Child Custody and Divorce. We are also experienced in a number of specialty areas that are incorporated into these core criminal defense based practice groups.

If you are charged with a criminal offense and live in the Apex, NC area you can contact us at our new Apex location or our Cary location for a free consultation.

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