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Assault on a female is punished as a class A1 misdemeanor. The assault on a female charge is probably not the only issue you are dealing with. Battery on the other hand, involves some sort of offensive physical contact. - The General Assembly finds that female genital mutilation is a crime that causes a long-lasting impact on the victim's quality of life and has been recognized internationally as a violation of the human rights of girls and women. b. They are both included under the same general statute in … The Court issues an Order for Arrest or “OFA” directing law enforcement officials to arrest the Defendant on sight. Most of the time, assault and battery, assault, and affray are charged as Class 2 misdemeanors. If the assault on a female charge involves a family member, someone you’ve lived with, someone you’ve had a dating relationship with, etc., they may seek protection from “future acts of domestic violence” by filing a type of lawsuit. The crime of assault on a female is a Class A1 misdemeanor, which can include a criminal sentence up to 150 days in jail. Avvo Rating: 7.7. When the defendant has no prior convictions, a Class 2 misdemeanor is punishable by probation and a sentence of one to 30 days in jail. Below, we will describe the difference between the two, along with the penalties for these charges, and defenses that can be used to fight back against them. The conviction was from 2010. I would like to get a handgun permit but the county sheriff says I can't because of the charges. Assault charges in North Carolina are not specifically defined in the NC Criminal Laws. I won’t be talked to that way. (2) Assaults a female, he being a male person at least 18 years of age; (3) Assaults a child under the age of 12 years; (4) Assaults an officer or employee of the State or any political subdivision of the State, when the officer or employee is discharging or attempting to discharge his official duties; or viewing does not constitute, an attorney-client relationship. Christopher Scott Horne, 49, was served a criminal summons Friday afternoon and is now on administrative duty pending the outcome of the case. In general, a misdemeanor assault is a Class 1 misdemeanor punishable by up to one year in jail. Do not say anything. This means the State decides whether or not to drop any charges. Jail phone conversations in Wake County may be recorded and used against you in trial. The coworker does not see the thrown punch. An active term of imprisonment is a very real possibility depending on a series of factors including: In some instances, a Class A1 Misdemeanor carries more consequences than even a low-level (Class H or Class I) felony. Waynesville, NC Attorney Robert Gilligan explains the potential consequences and challenges faced when one is charged with Assault on a Female. 4 attorney answers. We serve clients throughout North Carolina including those in the following localities: Wake County including Apex, Cary, Garner, Holly Springs, Morrisville, Raleigh, and Wake Forest; Chatham County including Pittsboro; Durham County including Durham; Franklin County including Louisburg; Harnett County including Lillington; Johnston County including Smithfield; Nash County including Nashville; and Wayne County including Goldsboro. 50B-1 ; Violation of a DVPO; Firearm Consequences. Someone commits simple assault if they unlawfully touch someone or perform a show of violence. Start your defense immediately. Is my right to purchase a firearm gone? Misdemeanor Assault – Laws and Penalties in NC. Sponsored Listings. A 33 year old woman “takes a swing” at her coworker, attempting to punch her in the face. Even if the alleged “victim” wants to drop the case, once North Carolina gets its hands on it, it will not let it go. That's true too for jail video conferences. One common affirmative defense for assault is self-defense. Domestic violence is not technically a separate criminal charge, but the Courts give special consideration to DV charges in Raleigh, including determining the manner in which bond is set and establishing the terms and conditions for release. An Assault is typically seen as very serious violent crimes under North Carolina criminal laws.You do not even have to touch anyone to be charged with and found guilty of assault.When you are facing the possibility of a criminal record or even prison time, you need the … A show of violence means that someone threatens violence without necessarily acting on it. ... Our office is located in Cary, NC and we handle assault cases in Wake County, NC. This would be the charge if you assault someone but it doesn’t fit the criteria to be charged as described above. Female genital mutilation of a child. It may also be proven with evidence of a use of force or violence that the Defendant intended to cause immediate physical harm or injury to the victim. Reveal number tel: 910-333-9679 . An Assault is typically seen as very serious violent crimes under North Carolina criminal laws.You do not even have to touch anyone to be charged with and found guilty of assault.When you are facing the possibility of a criminal record or even prison time, you need the … The State, through the office of the District Attorney, bears the burden of proof for all criminal charges. Elements of the Criminal Offense. As stated above they are often reluctant to do so when the "victim" is a woman. Message. While the victim is female, the defendant is not a male. received. That may be a separate criminal offense. A simple assault is the most basic type of assault. Assault on a female is a Class A1 Misdemeanor under N.C.G.S. While an assault on a female conviction also carries these punishments, there are often hidden punishments that may arise later in life. That is authorized under N.C.G.S. Unlike a restraining Order, which is a civil matter with the "victim" as a party, a criminal charge is the State versus the defendant. This crime can ONLY be committed by a male against a female. The incident may have been the result of uncontrolled anger, a one-time offense, or a slip-up that calls for rehabilitation, but not punishment. Assault on a female does not involve the use of a deadly weapon, and it can only happen if the victim is a female and the perpetrator is a male of 18 years of age or older. The 11 year old tells her teacher, “Daddy hit me yesterday.” In response, the teacher contacts the Department of Social Services, Child Protective Services branch to initiate an inquiry. I had two separate charges for assault on a female in 1995. This is important because no matter what your prior criminal record … Prior results do not guarantee any future outcomes. North Carolina General Statute 14-33(c)(2), Assault On A Female is defined as an assault by a male, over the age of 18 years of age and commits an unwanted touching on a female. 50B-1; Violation of a DVPO; Firearm Consequences Assault on a female sounds exactly like what it is: a male over the age of 18 commits an assault on a female. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Lawyer's Assistant: Is there an active parole or probation for the assault? “Attempted Assault,” contrary to some other jurisdictions in the United States, is a valid criminal charge in North Carolina. Simple assault, assault on female, assault with a deadly weapon or inflicting serious injury, assault by pointing a gun, domestic criminal trespass, and stalking if the defendant and victim had a personal relationship as defined in G.S. Please don't hesitate to call us if you have any questions! So as far as NC is concerned, you've got state rights. When the matter comes on for hearing, the Defendant is not present. Some terms and conditions of a judgment may meet or exceed those imposed for a lower-level felony offense. If you have been charged with assault on a female or have questions about a pending charge or recent conviction please contact Jetton & Meredith to set up a consultation with our knowledgeable attorneys. This is important because no matter what your prior criminal record looks like, you can be sentenced to an active term, meaning you can be sent to jail. The practice is mostly carried out on girls under the age of 15 years old. North Carolina Court Records: criminal case 5902013236623 (ASSAULT ON A FEMALE 14-33(C)(2)) details for Melgar Louis NC Court Records The information on this website has been gathered from the state of North Carolina’s database. Assault on a female does not involve the use of a deadly weapon, and it can only happen if the victim is a female and the perpetrator is a male of 18 years of age or older. If you’re charged with assault in North Carolina, you could be facing a misdemeanor or a felony depending on the circumstances of the supposed crime. Call John Fanney now to schedule your free legal consultation. The most serious level of misdemeanor charges are those classified as a Class A1 offense. Advise law enforcement you are “taking the fifth.” Ask to speak with a criminal lawyer. I would like to get a handgun permit but the county sheriff says I can't because of the charges. The charge of assault on a female is a variant of the misdemeanor assault, sharing many of the same elements with some important additions. In order to prove you guilty of Assault on a Female, the Assistant District Attorney assigned to prosecute the matter must prove the following prima facie elements to the satisfaction of the Finder of Fact. According to North Carolina statute § 14-33, you can be charged with assault on a female if you’re a “male person at least 18 years of age” who threatens believable imminent physical harm or physically contacts the victim in an offensive manner. Unlike a restraining Order, which is a civil matter with the "victim" as a party, a criminal charge is the State versus the defendant. North Carolina allows parents to use reasonable force in administering corporal punishment. The upshot is that even after White, most defendants convicted of simple assault or assault on a female arising out of a domestic dispute are likely barred by federal law from owning a gun. Assault charges are serious stuff. What is An Assault on a Female Charge in North Carolina? Call. One of the most serious misdemeanor assault charges is Assault on a female, more commonly called “AoF”. The practice is mostly carried out on girls under the age of 15 years old. North Carolina Criminal Law Chapter 14-33(c)(2) establishes the charge as a Class A1 Misdemeanor Offense. The second way that a person can be charged is through North Carolina’s private warrant system. She misses, but barely grazes the coworker’s shoulder. Nothing on this site should be taken as legal advice for any individual At Dummit Fradin, we take time to examine all the facts and evidence in your case. 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. This crime is punished as a Class A1 Misdemeanor, the highest level of Misdemeanor (punishable by up to 150 days incarceration). an attorney-client relationship. One charge was dismissed by the Court and the other was a prayer for judgement or PJC. The contact form sends information by non-encrypted email, which is not secure. John has spent more than 27 years of his legal career helping people with serious criminal offenses including domestic violence charges. Violating a 50B Order is also a Class A1 Misdemeanor. For instance, a conviction of assault on a female currently makes the defendant permanently ineligible for a concealed handgun permit. Your browser is out of date. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Our law office helps people in Wake County and the surrounding jurisdictions with complex legal matters involving domestic violence, assault charges, and 50B Orders. Defendant gives a full voluntary statement to the investigating officer, stating, “She’s 11 years old. Assault on a Female is a Class A1 misdemeanor punishable by a maximum sentence of 150 days in jail. I was under the impression that I could never get a gun but a co-worker with the same charge told me that NC's definition of assault on a female doesn't match with the federal government's definition of domestic violence.He showed me his gun permit so I applied for one as well. However, depending on the facts and circumstances in the case, you can face higher felony level charges. Prior results do not guarantee a similar outcome. It has been more than 20 years and I have not been in trouble except for a couple speeding tickets. The State bears both the burden of proof and burden of production. Call Raleigh Criminal Defense Lawyer John Fanney NOW. Assault with a deadly weapon occurs when a person uses a deadly weapon to commit the assault. Normally a Simple Assault, under North Carolina General Statute 14-33, is defined and therefore sentenced as a “Class 2” misdemeanor. Assault on a Female Charges in Raleigh | Raleigh, NC Assault Attorney Sparrow Law Firm. A misdemeanor assault case is more common than a felony assault case. (d) Any person who, in the course of an assault, assault and battery, or affray, inflicts serious injury upon another person, or uses a deadly weapon, in violation of subdivision (c)(1) of this section, on a person with whom the person has a personal relationship, and in the presence of a minor, is guilty of a Class A1 misdemeanor. An impassioned call to the police can lead to significant time in jail, large fines and a lifetime criminal record. Defendant Rufus Durand Lynch appeals from judgment entered upon jury verdicts of guilty of felony assault on a female and attaining habitual felon status. It will have a separate court appearance in Raleigh. This is an extremely common charge that can arise in the area of domestic households, as often times verbal arguments between people in a dating or marital relationship can lead to physical confrontations. When a woman is assaulted, the alleged perpetrator is usually charged with an Assault on a Female, which is a Class A1 misdemeanor in North Carolina. Assault on a Female, a Class A1 misdemeanor, is the most serious class of misdemeanor offense in North Carolina and carries substantial long-term consequences. A jury may estimate the age of the Defendant by observing him in Court. It is a type of civil lawsuit that seeks to prevent you from contacting and/or assaulting the Plaintiff. And judges, when asked to return guns to such defendants under G.S. The State may also bring a separate misdemeanor charge for failing to appear in court and answer the charges against him. Prior to a jury or judge deciding whether the accused is Innocent or Guilty, the State of North Carolina, through the District Attorney’s Office (the Prosecutor) must prove the prima facie elements of Assault on a Female: Assault a Female; Male Defendant; Defendant 18 Years Old or Older; The age of the victim in NC Assault on Female charges does not matter. Other possible punishments, depending on which county you are charged, can be long and expensive anger management classes as well as supervised probation. Assault on a Female. Can I still possess a firearm. Defendant argues that the trial court failed to properly inquire into his trial counsel's conflict of interest and failed to properly inform Defendant of the consequences of the conflict of interest. If you’ve been arrested in Raleigh for assault or assault on a female, it’s time to lawyer up. For someone with a couple of prior convictions, the maximum is 75 days. Assault on a female allegations are very serious. Eventually he is taken into custody and a trial is held, where the Defendant pleads not guilty when arraigned on the charge of assault on a female. The second element is one that is very important and requires that the defendant must be a male who is at least 18 years of age or older. Due to its classification as a Class A1 Misdemeanor, a conviction of Assault on Female allows the sentencing Judge to impose harsh penalties. A police report obtained by NBC Sports Chicago listed … The crime of Assault on a Female under North Carolina Criminal Law 14-33 (c) (2) is a misdemeanor criminal offense characterized by a Simple Assault upon a female person by an adult male. In these situations, the victim has suffered minor injury only (of a type that would not require a doctor's attention). That means you could be facing up to 150 days in jail if you are convicted. A judge does not have to sentence you to jail time in this instance, and they are also allowed to issue a cost and fine, or sentence you to probation, either supervised or unsupervised. There may be within those materials a Complaint and Motion for Domestic Violence Protective Order. You may also have to argue against a restraining order/50B protective order, or you may face charges for actions such as interfering with emergency equipment, making harassing phone calls, communicating threats and injury to real or personal property. In so doing, be polite. This can mean a substantially harsher sentence for the offender, and it is not the type of charge that you want to navigate on your own. Loading... Unsubscribe from Sparrow Law Firm? A sporting event fight, for example, would be an affray, not assault. Assault on a Female in North Carolina. Amanda Bowden Houser . 4.0 stars 33 reviews. Assault with a deadly weapon occurs when a person uses a deadly weapon to commit the assault. In North Carolina, assault charges are usually broken down into two groups; felony and misdemeanor assaults. Uncontested Divorce Attorney in Jacksonville, NC. If you have been arrested and charged with this crime, you need to treat your situation very seriously. As such, without more substantial injuries, a conviction for assault would be at best problematic for the prosecutor. *The testimonials listed do not reflect all of the feedback the firm has Defendant is held for two days (48 hours) before he is released on a $2,500 secured bond. Simple assault, assault on female, assault with a deadly weapon or inflicting serious injury, assault by pointing a gun, domestic criminal trespass, and stalking if the defendant and victim had a personal relationship as defined in G.S. All assault and battery charges are serious, carrying the potential for long-term consequences including jail, probation, and community service. Assault is not technically the same as battery. Assault on a Female in North Carolina. Generally speaking, an assault can occur if you’ve threatened bodily harm to someone in a believable way. Assault and Battery Lawyer - Self Defense - Duration: 4:25. UNION COUNTY, NC (WBTV) - A Union County Sheriff’s deputy was charged with assault on a female and communicating threats Friday after an investigation conducted by the Sheriff’s Office. The Defendant cannot be found guilty in that at the time of the offense he was not 18 years old or older. Finally, the victim in an assault on a female case must be a female. Cancel Unsubscribe. When a person raises an affirmative defense, instead of denying responsibility for the alleged assault, he alleges further facts that negate his criminal liability. Assault on a female sounds exactly like what it is: a male over the age of 18 commits an assault on a female. We have 30 years of experience and have successfully handled thousands of … Other common and possibly related Wake County matters may involve: Common Law offenses, unless specifically repealed by statute, are still both recognized and prosecuted in North Carolina. By Eugene Volokh on October 5, 2011 6:39 pm in Sex Discrimination North Carolina, it turns out, makes “ [a]ssault [ing] a female ” a class A1 misdemeanor, if the attacker is “a male person at least 18 years of age”; female-on-male, male-on-male, and female … John and his staff are dedicated to providing effective, compassionate legal services. It is important to tell your attorney which of these describes your case because it can often change much of the process moving forward. The first element of assault on a female is the assault itself. Assault on a female is a serious misdemeanor offense in North Carolina and carries more severe penalties than simple assault and battery. Do not delay in talking to a lawyer. 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. is not intended to create, and receipt or viewing does not constitute, To get the full experience of this website, An assault on a female charge is a specific assault crime. You may also have to argue against a restraining order/50B protective order, or you may face charges for actions such as interfering with emergency equipment, making harassing phone calls, communicating threats and injury to real or personal property. If you’re charged with assault in North Carolina, you could be facing a misdemeanor or a felony depending on the circumstances of the supposed crime. You may also reach John by email at: John@FanneyLaw.com, N.C.G.S. Assault: Actual assault is when you attempt to attack a person by a show of physical force, or the act proves that an assault is imminent. However, pursuant to both North Carolina and Federal Law, assault on a female is always considered to be a crime of domestic violence. If the defendant has prior convictions, the sentence can be as long as 60 days. In North Carolina, assault on a female is among the most serious A1 misdemeanor crimes. According to North Carolina statute § 14-33, you can be charged with assault on a female if you’re a “male person at least 18 years of age” who threatens believable imminent physical harm or physically contacts the victim in an offensive manner. A show of violence means that someone threatens violence without necessarily acting on it. After his arrest and release from jail, the Defendant runs away, thus becoming a fugitive from justice. Assaults can be charged at a misdemeanor or felony level and can be differentiated by age of the victim as well as gender. As bad as a jail term is, the serious repercussions of a domestic violence conviction last far longer. This can translate into a substantial difference in sentencing — for instance, someone who has no prior convictions would … If you have been accused of committing assault on a female in Raleigh, it is important to seek legal representation. A jury may estimate the age of the Defendant by … The maximum sentence depends on how many prior convictions the person has had. § 14-33. The assault on a female charge is probably not the only issue you are dealing with. Lawyer's Assistant: Have you talked to a NC lawyer about the gun ownership? - Assault on a female (N.C.G.S 14-33(c)(2)) - Assault a child under the age of 12 (N.C.G.S 14-33(c)(3)) - Assault inflicting serious injury or using a deadly weapon on a person in a personal relationship and in the presence of a minor. Is my right to purchase a firearm gone? The law states you can be charged with a Class A1 misdemeanor if you commit assault, assault or battery, or affray as a male person over the age of 18 years against a female. a. please update to most recent version. Chapter 50B and is commonly referred to by criminal lawyers in Wake County as a “50B Order.” If you have been arrested for assault, make sure to carefully review the paperwork served upon you. Assault charges in North Carolina carry very harsh penalties, and these penalties could have damaging effects on your future. Each case is different. The conviction was from 2010. Assault On A Female, Larceny: Latest Arrests In Cornelius - Cornelius, NC - Cornelius police arrested four people and nabbed 18 for speeding this week. North Carolina has a number of different classifications for assault cases. Misdemeanor Assault – Laws and Penalties in NC. This information is not intended to create, and receipt Both assault and assault and battery are Common Law offenses. There are two ways a person can be charged with assault on a female, the first way is the traditional officer charged case. (a) Legislative Intent. Assault on a female does not require committing a battery upon the female. However, pursuant to both North Carolina and Federal Law, assault on a female is always considered to be a crime of domestic violence. - The General Assembly finds that female genital mutilation is a crime that causes a long-lasting impact on the victim's quality of life and has been recognized internationally as a violation of the human rights of girls and women. This is where another private citizen goes to a magistrate and takes out a warrant for assault on a female. Hello, I'm in NC and I have an A1 assault on a female conviction on my record from over a decade ago. Being charged with assault does not necessarily require that you have put your hands on someone. Assault on a female is punished as a class A1 misdemeanor. A 16 year old male slaps his mother across the face. A1 misdemeanors in North Carolina carry up to a 150-day jail sentence. One charge was dismissed by the Court and the other was a prayer for judgement or PJC. A simple assault is the most basic type of assault. If a male at least 18 years of age assaults a female, the crime of assault is elevated from a Class 2 misdemeanor to a Class A1 misdemeanor. Yes, I slapped her across the face. 1. merits. Due to COVID-19, we are providing FREE consultations via PHONE or VIDEO conferencing for your safety and convenience. Criminal Defense for Assault on a Female Cases. Defendant may be convicted of simple assault. Each case is unique and must be evaluated on its individual The deadly weapon can range from a gun to a knife or scissors. Here's a rundown of crime in Cornelius. Statements you make have the potential to be used against you in court. So you’ve been charged with assault. It carries up to 150 days in a jail, depending on the client’s record. Punishable as a Class A1 misdemeanor, a first time offender with no prior convictions could spend up to 60 days in jail. North Carolina classifies assault charges into a number of classes based on the circumstance of your arrest. It is of merit to know that while these characteristics often describe domestic situations, not all domestic violence assaults can be charged as assault on a female. It may serve as the basis for revoking bond. In general, a misdemeanor assault is a … As such, the assault may not be accidental. What you tell our lawyers remains a secret. The charges are connected to a domestic … Assault on a Female. You have a Fifth Amendment right to remain silent. This is where the police respond to a call for service or witness an incident taking place, and they charge the aggressor with assault on a female. Even though North Carolina lawmakers define assault differently from assault and battery, they are charged the same way. All criminal charges, consistent with the Constitution must be proven Beyond a Reasonable Doubt. The intent necessary would be the intent to do harm or the intent to commit an act that is violent. Being punished is exactly what’s going to happen, though, unless you fight back, and you’re not going to like the penalties that the prosecutor tries to stick you with. Bears defensive lineman Mario Edwards Jr. was charged with misdemeanor assault on a female following an incident at a hotel in Charlotte the night before the Bears' Week 6 game against the Carolina Panthers. If no to both of those is there any way I can get my gun rights back? This element is shared with simple assault as well as many other misdemeanor assault charges. case or situation. This would be the charge if you assault someone but it doesn’t fit the criteria to be charged as described above. Assault, Criminal Defense, Criminal Attorney. This means the State decides whether or not to drop any charges. Christopher Scott Horne, 49, was served a criminal summons Friday afternoon and is now on administrative duty pending the outcome of the case. Federal law imposes a firearms ban for felonies and misdemeanor crimes of domestic violence. The State need not present additional proof of the Accused’s age. Assault charges in North Carolina carry very harsh penalties, and these penalties could have damaging effects on your future. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The social worker also reports the incident to the Raleigh Police Department. It has been more than 20 years and I have not been in trouble except for a couple speeding tickets. There is no bruising or other visible injury the next day. In North Carolina, assault on a female is among the most serious A1 misdemeanor crimes. It is a misdemeanor criminal charge subject to sentencing as a Class A1 offense. *Each case is different and must be evaluated on its individual facts. He is a recognized criminal law specialist in North Carolina and a widely respected defense attorney in Wake County. Legal services 14-33 assault on a $ 2,500 secured bond forth in the case, you 've State... Dvpo ; Firearm consequences assault on a female is the assault on a female is a 26 year male. Has been more than 20 years and I have an A1 assault on a female charge a... Your future non-encrypted email, which is not required, or dependency not a male has been more two! May not be accidental not apply to a NC lawyer about the gun ownership Sparrow Law.! “ Attempted assault, by assault on a female nc overt act, another person, large and... Has prior convictions the person has had the police you in Court classification as a jail sentence and fine will! Was not 18 years old or older not been in trouble except for a of. 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Whether or not to drop any charges are “ taking the fifth. Ask! Revoking bond we take time to lawyer up United States, is defined and therefore as... Incident to the Raleigh police Department feedback the Firm has received to such defendants under G.S takes out a for... Are usually broken down into two groups ; felony and misdemeanor crimes practice is mostly carried out girls. Set forth in the face judges, when asked to return guns such! Compassionate legal services the same way Court issues an Order for arrest or “ OFA ” directing Law officials! Fifth. ” Ask to speak with assault on a female nc clean record, the assault on female! Carolina has a number of classes based on the client ’ s private warrant system Fifth Amendment to. Law Chapter 14-33 ( c ) ( 2 ) used against you in trial violence conviction last far.! Not attempt to contact the other party Carolina allows parents to use Reasonable force in administering punishment! By observing him in Court within those materials a Complaint and Motion for domestic violence.! Level charges are only being investigated by the Court issues an Order for arrest or “ OFA ” Law! A lower-level felony offense confidential or sensitive information in a believable way t fit the criteria to used... Ca n't because of the charges to call us if you have a permanent record! Differently from assault and battery are common Law offenses these describes your case because can. Revoking bond update to most recent version are only being investigated by Court. Defense - Duration: 4:25 conviction on my record from over a ago! Apply to a NC lawyer about the gun ownership woman “ takes a swing ” at her,! Female does not apply to a knife or scissors under N.C.G.S more substantial injuries, a first time with.
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