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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33104
Experience:  16 yrs. of trial experience
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Can Assualt and Battery of gh and Aggravated Nature be

Customer Question

Can Assualt and Battery of High and Aggravated Nature be considered a misdemeanor or is that a mistake? I run a girls recreational softball league and one of my asst coach's background checks came back with that alert.
Submitted: 9 months ago.
Category: Legal
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. What do you mean by misdemeanor is 7 years ?

Customer: replied 9 months ago.
We have a set of guidelines we go by for any background check that comes back to us with an alert. Any sex offenses - person can never coach. Felonies, reguardless of time is Murder, manslaughter, etc Felonies with 10 year limitation is drug offenses, theft, fraud and so on. A Misdemeanor has a 7 year time frame. So within 7 years of the convication the person cannot coach in our league. If this would be easier over phone. I am awake. My number is(###) ###-####
Customer: replied 9 months ago.
Under our guidelines Felonies also list Assault and Battery of High and Aggravated Nature, but the Protect Youth Sports check shows the offense level is a misdemeanor, not a felony. I just want to make sure I wont lose our insurance if he coaches. I have a ton of documentation that shows he has prrof on video he was not where he was accussed of being. Is that why it could be a misdemeanor?
Expert:  P. Simmons replied 9 months ago.

Ahh...thanks. That makes sense. Can you tell me, what was the conviction?

Was it section 16-3-600 B1? Or does it say?

Customer: replied 9 months ago.
CDR Code 0013. Offense Statute: 17.25.0030
Customer: replied 9 months ago.
Case # ***** ***** if that helps
Expert:  P. Simmons replied 9 months ago.

This may be a timing issue ( where the code was revised). Can you verify conviction in 2010

Customer: replied 9 months ago.
The Arrest date was 4/25/2005. Disposition Date: 10/27/2006.
Expert:  P. Simmons replied 9 months ago.

Easy

The law was revised in 2010. Prior to this, there were two, separate charges for the offense of assault and battery of a high and aggravated nature. It was actually possible to charge this as either a felony or misdemeanor ( depending on the circumstances ). That changed in June 2010. However, since the offense occurred prior to June 2010, this person would've been subject to the prior law.

So what they are claiming makes sense; that is, for offenses that occurred prior to June 2010 they could have been charged as a misdemeanor offense of assault and battery of a high and aggravated nature,

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 9 months ago.
to make sure I understand, it is a misdemeanor as reported on the report. I am not to look at this as a felony?
Expert:  P. Simmons replied 9 months ago.

For offenses that occurred prior to 2010, which is the case you're describing, it was possible for the state to charge this as either a felony or misdemeanor.

This changed in 2010 when they rewrote the law and made this exclusively a felony.

However, what you're describing, and the report you provided me access to, clearly indicates this was a misdemeanor.

Please let me know if you have more questions. Happy to help if I can.

Expert:  P. Simmons replied 9 months ago.

Hi

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit

Thanks for your understanding

Phil

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