Post-Conviction Motion to Reduce Felony Penal Code section 245(a), “Assault with a Deadly Weapon” Reduced to a Misdemeanor and Dismissed Per Penal Code section 1203.4!

Our client was convicted of violating Penal Code section 245(a), “Assault with a Deadly Weapon” in 1994 at the South County Courthouse in San Diego County. At that time, our client was placed on formal probation for three years and ordered to serve 182 days in county jail. Since that time, our client has not committed any new offenses, has obtained full-time employment, and is now seeking to adjust his status to a naturalized United States citizen. Our client retained our office to seek to reduce his offense to a misdemeanor to assist in his adjustment of status.

Our office filed a motion on our client’s behalf seeking to reduce his felony offense to a misdemeanor. In our motion we attached documentation showing that our client has reformed his behavior, is a productive citizen, and is requesting this relief to assist in his immigration matter. In our motion we also requested that if the court grants our request to reduce the offense to a misdemeanor then, we are requesting to have the case dismissed pursuant to Penal Code section 1203.4.

Prior to the hearing on the motion, the District Attorney’s Office sent notice to our office that given the documentation our office provided, they would not be opposing the relief we requested. At the hearing, the court granted the motion to reduce the offense to a misdemeanor and the case was dismissed pursuant to Penal Code section 1203.4.

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