Penal Code section 422 Offense Reduced to a Misdemeanor Pursuant to Penal Code section 17(b) and Probation Terminated Early Pursuant to Penal Code section 1203.3

Our office was recently retained to represent a client for post-conviction relief. Our client is a lawful permanent resident and wanted to move forward with the process of naturalizing as a United States citizen. Our client was informed by her immigration counsel that she could not move forward with her immigration matter while on active probation.

Our client was convicted of a felony violation of Penal Code section 422 in October of 2017 and was sentenced to serve 180 days in the county jail, complete a 26-week anger management program, and complete three years of formal probation.

Our office filed a motion on behalf of our client seeking to reduce the offense to a misdemeanor. We submitted documentation that our client had reformed her behavior, had completed her court requirements, and was providing care to her disabled nephew full-time.

On the first appearance on the motion, the prosecution indicated they were opposed to the relief. The court ordered the probation department to conduct a report on the matter and the hearing was continued.

At the second hearing, over opposition from the prosecution, the court granted our motion and dismissed the offense and terminated probation.

With this result, our client can now move forward with her immigration goals.

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