Los Angeles County – East Los Angeles Courthouse - Penal Code § 1473.7 Motion to Vacate Penal Code section 273.5(a) Domestic Violence Conviction Granted and Dismissed Per Penal Code Section 1385 and Re-Negotiated to Penal Code section 243(e)(1) Offense!

Recently, in Los Angeles County at the East Los Angeles Courthouse our office successfully litigated a Penal Code § 1473.7 motion arguing that our client failed to meaningfully understand the immigration consequences that would result from his 2011 Penal Code § 273.5(a) misdemeanor conviction.

After obtaining all documents relating to the record of conviction available for our client’s matter and meeting with our client to review his knowledge of the conviction, we determined that our client may be eligible for relief pursuant to Penal Code section 1473.7.

According to the transcript of the plea in this matter, at the time of his plea our client was advised that conviction of the offense “can” have collateral immigration consequences. However, we argued in our motion that he was never advised that his conviction was a crime involving domestic violence and, as such, the immigration consequences of his conviction were a certainty. We argued in our motion that had our client pled to Count 2 of the original Complaint, Penal Code section 243(e)(1), he would not be facing the immigration consequences he is currently suffering from.

Prior to the hearing on the motion, we provided the prosecution with an equities package detailing the equitable factors in our client’s favor such as his old age, adverse health issues he suffers from and letters of recommendation in his favor. We explained that our client is unable to renew his LPR status because of the conviction and unable to naturalize.

I met with the Supervising District Attorney of the courthouse to discuss the matter further and I was able to negotiate for vacating the Penal Code section 273.5 offense and re-negotiating to a Penal Code section 243(e)(1) offense.

At the hearing on the motion, the judge granted the motion and dismissed the Penal Code section 273.5 offense in the interests of justice pursuant to Penal Code section 1385 and we entered a plea to the re-negotiated Penal Code section 243(e)(1) offense.

This victory will bring our client one step closer to filing for permanent residency and having the opportunity to remain in the United States to care for his wife and grandchildren.

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