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    Rhonda57's Avatar
    Rhonda57 Posts: 5, Reputation: 1
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    #1

    Nov 17, 2013, 03:43 AM
    Class D assault
    Misdemeanor or felony? I scrstced my ex on his ear in 2002 and he had me arrested for that. I live in Maine and work as a can. On the can registry my offense was listrd as a class D assault. The lady I spoke to on the phone told me it eas a misdemeanor assault( it has since been dropped from the registry). I read on here somewhere that a class D assault is a felony but that is not what the registry told me. Now I am .in.Florida applying for the can reciprecity. I have been fingerprinted. Will this charge show up on my level 2 background check
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Nov 17, 2013, 06:23 AM
    ... I read on here somewhere that a class D assault is a felony but that is not what the registry told me. ...
    .
    Go by what the registry told you. Laws vary from state to state. What you were reading here was probably for a state other than Maine.

    What is a CAN?

    "17-A ME Rev Stat § 207 (2012 through 125th Legis)
    1. A person is guilty of assault if:
    A. The person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person. Violation of this paragraph is a Class D crime;
    ..."

    "Chapter 51: SENTENCES OF IMPRISONMENT
    17-A §1252. Imprisonment for crimes other than murder
    1. In the case of a person convicted of a crime other than murder, the court may sentence to imprisonment for a definite term as provided for in this section, unless ...
    ...
    A. For a Class D or Class E crime the court must specify a county jail as the place of imprisonment.
    B. For a Class A, Class B or Class C crime the court must:
    (1) Specify a county jail as the place of imprisonment if the term of imprisonment is 9 months or less; or
    (2) Commit the person to the Department of Corrections if the term of imprisonment is more than 9 months.
    ..."

    Maine apparenty for some reason chooses not to use the terms "felony" and "misdemeanor", but rather simply "Class (something) Crime". In general, a felony is a crime for which the sentence can possibly equal or exceed a year in prison. The above sentencing statute makes it clear that a Class D crime won't exceed 9 months (only Class A, B, or C crimes get sentences that long.); thus a Class D crime is not a felony.
    Rhonda57's Avatar
    Rhonda57 Posts: 5, Reputation: 1
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    #3

    Nov 17, 2013, 12:04 PM
    Thanks I meant to say CNA
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Nov 17, 2013, 01:55 PM
    Quote Originally Posted by Rhonda57 View Post
    Thanks I meant to say CNA
    Well, that narrows it down somewhat.

    Certified National Accountant?

    Certified Nursing Assistant?
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    Rhonda57 Posts: 5, Reputation: 1
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    #5

    Nov 17, 2013, 02:31 PM
    Certified nurse assistant. I am on the can registry in Maine with excellent references. My misdemeanor assault happened eleven years ago. I am waiting for the board in Florida to clear my background check..
    Rhonda57's Avatar
    Rhonda57 Posts: 5, Reputation: 1
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    #6

    Nov 17, 2013, 02:33 PM
    Quote Originally Posted by Rhonda57 View Post
    Certified nurse assistant. I am on the can registry in Maine with excellent references. My misdemeanor assault happened eleven years ago. I am waiting for the board in Florida to clear my background check..
    Just very amxious.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #7

    Nov 17, 2013, 04:26 PM
    It will most likely show up.
    Rhonda57's Avatar
    Rhonda57 Posts: 5, Reputation: 1
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    #8

    Nov 17, 2013, 05:36 PM
    Yes I know that it probably will. I am just thankful that it is only a misdemeanor. It didn't affect me in Maine so hopefully it won't here. I have researched and any felony would fail me.

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