Post-Conviction Relief! Penal Code § 273.5 Domestic Violence and Penal Code § 273(a) “Child Endangerment” Misdemeanor Offenses Vacated Per Penal Code § 1473.7 Motion and Charges Dismissed Pursuant to Penal Code section 1385, “In the Interest of Justice”. R

Attorney Steve Escovar recently succeeded in achieving post-conviction relief by way of a Penal Code § 1473.7 motion to overturn our client's 2013 convictions for “Domestic Violence” and "Child Endangerment" in the Van Nuys Courthouse in Los Angeles County.

At his arraignment in 2013, our client initially admitted to violations of Penal Code sections 273.5 and 273(a). Our client was ordered to complete 15 days of CalTrans, 36 months of summary probation, 20 days in county jail, and received credit for time already served. Unfortunately, and unbeknownst to our client, pursuant to federal law 8 U.S.C. § 1227(a)(2)(E)(I), a conviction for a crime involving domestic violence and/or child abuse results in deportation. We therefore assessed his case for potential post-conviction relief.

The docket in this matter claimed to show that our client was informed that the convictions "will" have immigration consequences. Nonetheless, we formulated a valid legal argument as to why the conviction should legally be vacated. For this particular client, this advice regarding the immigration consequences was insufficient and led to his failure to meaningfully understand the actual adverse immigration consequences of his plea and sentence. On his behalf, we submitted a Penal Code § 1473.7 motion to vacate the plea.

Following the court hearing, the court granted the motion under Penal Code § 1473.7, and the client's 2013 pleas were vacated. Additionally, the charges were dismissed pursuant to Penal Code § 1385. Prior to the dismissal, we negotiated for a reduced charge of simple battery under Penal Code section 242(a). This result eliminates the immigration consequences of his plea!

This is an incredible result for our client, one that will let him stay in the US with his family!