Post-Conviction Relief: 1997 Penal Code section 245(a) – “Assault with a Deadly Weapon” Renegotiated to “Simple Battery” - Penal Code section 242!

Recently, at the San Fernando Courthouse in Los Angeles County, I successfully litigated a Penal Code section 1016.5 Motion to withdraw my client’s misdemeanor Penal Code section 245(a), “Assault with a Deadly Weapon” conviction! In the motion we argued that there was no record that the required immigration advisement mandated by Penal Codes section 1016.5 was provided to our client at the time of his plea.

After filing the motion with the prosecution, the prosecutor contacted our office to indicate that they are willing to submit on our motion to vacate our client’s Penal Code section 245(a) offense under Penal Code section 1473.7 (a differing statute to vacate a conviction) if our client entered a renegotiated plea to Penal Code section 242, “Simple Battery.” We agreed to the vacation under Penal Code section 1473.7, as opposed to Penal Code section 1016.5, and confirmed with our client’s immigration attorney that this would be an “immigration safe” plea for our client. We then moved forward with the renegotiated plea.

This is a great result for our client that will allow him to move forward with his immigration matter.   


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