Post-Conviction Relief! Penal Code section 273.5(a) Domestic Violence Offense Vacated Per Penal Code § 1473.7 Motion and Re-Negotiated to Immigration Neutral Plea!

Recently, in San Bernardino County at the Ranch o Cucamonga 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 2003 Penal Code section 273.5(a) conviction for a domestic violence offense.

At the time that our client hired our office he had his Lawful Permanent Resident status and was seeking to adjust his status as a United States citizen. Our client was unable to adjust his status because of this offense.

According to the documents still available relating to the plea, our client was advised via a waiver form that the conviction could result in deportation, exclusion from admission, and denial of naturalization. In our Penal Code section 1473.7 motion we argued that because this is a domestic violence offense the immigration consequences of the conviction were certain and permanent, and our client should have been advised of this certainty.

We also provided the prosecution with an equities package showing that our client has raised four successful children, proof that two of his children has served in the military, and character letters attesting to his good nature.

At the hearing on the motion, and after strenuous negotiation with the prosecution, they agreed to submit on the motion and renegotiate to an immigration neutral plea to Penal Code section 243(e)(1).

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