Post-Conviction Relief: Penal Code section 245(a)(2) Assault with a Firearm Offense with Sentence Enhancement for Use of a Firearm Reduced to a Misdemeanor and Dismissed Per Penal Code section 1203.4

Recently, at the Clara Shortridge Foltz Courthouse in Los Angeles County, I obtained a reduction to a misdemeanor on a Penal Code section 245(a)(2) Assault with a Firearm Offense for my client.

My client was convicted in 1999 of violating Penal Code section 245(a)(2) with a sentence enhancement pursuant to Penal Code section 12022.5(a) and (d). My client’s probation was terminated early pursuant to Penal Code section 1203.3 on October 1, 2001.

Although my client had suffered a subsequent conviction in 2015 for a felony Penal Code section 422 violation, we were able to show that he complied with all the court conditions for the subsequent offense and had lived crime-free since.

In our motion for relief, we established that our client was a hardworking reliable employee who is greatly valued in his position. We argued that our client is deeply involved in his community and consistently volunteers within his church. We argued that our client was seeking relief for immigration purposes and it was within the interests of justice for the court to reduce the offense.

At the hearing on the motion, the court reduced the offense to a misdemeanor pursuant to Penal Code section 17(b) and dismissed the conviction pursuant to Penal Code section 1203.4. This is a great result given the facts of the underlying offense and the seriousness of the violation.

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