Reduced Charges in Indio
Serving Clients throughout the Palm Desert
Following a conviction of a crime, one post conviction relief solution could include reducing the offense from a felony to a misdemeanor. An offense is eligible for a reduction from a felony to a misdemeanor if it is a “wobbler” offense and a punishment other than imprisonment in state prison was imposed. It is important to hire an attorney experienced in post-conviction relief to help determine whether Penal Code 17(b) relief suits your case and stated goals. At the Law Offices of Anastacio De La Cruz, we can help you explore your options and get the best possible outcome for your case.
Which Charges Are Eligible?
Charges are reduced when it becomes clear that, while the defendant may be guilty, they are not a threat to public safety. Your post conviction relief lawyer can help you demonstrate that you are not a risk and that you should be allowed to have a lesser sentence.
Felonies may be reduced to misdemeanors if:
- Your punishment was something other than jail
- Your offense was designated to be a misdemeanor in the Juvenile Justice system
- You are granted probation and your charge is reduced to misdemeanor status
It is important to contact an experienced criminal defense attorney and learn more about your options.
Schedule your consultation now by calling (760) 610-0606.
Reduction From 365 Day to 364 Day Misdemeanor
Penal Code section 18.5(a) states, “every offense which is prescribed by any law of the state to be punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for a period not to exceed 364 days.”
A motion to modify a sentence under Section 18.5 can have significant impact on your future. For example, some offenses are only classified as aggravated felonies if a sentence of at least one year is imposed. Penal Code section 18.5 can assist in reducing theft and crimes of violence to avoid their classification as aggravated felonies, helping with immigration decisions.
This form of relief is often used in conjunction with PC 1203.4 and 17(b), and it is crucial that one hires an attorney experienced in post-conviction relief to help determine whether Penal Code 18.5 relief suits your case and stated goals.
A True Example of a Successful 17(b) Motion
Mr. White, a long time legal permanent resident, had been convicted in 2012 for felony charge which was considered a crime involving moral turpitude. While he never served any actual jail time, he received a suspended sentence of two years, so immigration authorities classified this as an “aggravated felony” in immigration court for which deportation is mandatory.
Mr. De La Cruz fought the immigration (deportation) case using Penal Code Section 17(b), combined with Penal Code Section 18.5. As a result, Mr. White was no longer deportable and his case was administratively closed. Mr. White was free to continue to live his life lawfully in the United States with his family.
This intersection between criminal and immigration law is known as crim-imm, or “crimigration,” and is a focal point of Mr. De La Cruz’ law practice.
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