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.
Call (760) 610-0606 now or contact us online to get started on your conviction.
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.
5-Star Reviews
Keeping Families Together One Case at a Time
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Mr Anastacio De La Cruz has been nothing but a blessing for my family, he took my son case and handled it with care and puts a lots of effort into delivering the best results we could ever ask for, forever thankful that we got referred by another client of him- Esmeralda Q-Shayne
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Working with Anastacio De La Cruz was a pleasure, all the staff in the office were truly helpful.He recently helped my dad out with getting his cases dismissed. He has truly given my father a second chance to regain his family. They were always on top of their game, with our case always advicing us what was the right thing to do.- Tomas Quintero
Once again Thankyou Anastacio for being an awesome lawyer, continue helping those who are in need. -
Hello everyone I would like to take the time to appreciate and thank Anastacio de la Cruz and his people for everything he has done for me, to give me another opportunity in life to do well and become a better person. There’s no words to describe his hard work. He’s definitely a lawyer I’d 100% recommend to anyone who needs help of any sort . He will do the best of his ability and won’t give up.- Ulysses Almanza
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Thanks to the lawyer Anastacio de la Cruz for helping me fight my criminal case in court and being able to eliminate all the charges that were brought against me, I recommend him, he is a very good lawyer 👍- Eulises Card
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I highly recommend law offices of ANASTACIO DE La Cruz. He went above and beyond with his services he handled my restraining order case he got it dismissed.- Juan Osorio
Also his staff was very friendly and helpful they answered all my questions and concerns. His prices are the cheapest out there I highly recommend anastacio de la Cruz!!!! -
I hired Mr.De La Cruz when I found myself needing some serious legal help. I had multiple cases on my plate at the time. As a single mother, it was almost impossible to juggle working full time, attending school, on top of having to be in court. Mr.De La Cruz went above and beyond in assisting me and my legal short comings. He treated me with the utmost respect. While having Mr. DLC on my team I was able to continue life stress free! Thank you Anastacio for all you’ve done for me! I couldn’t have done it without you! You are one of the BEST if not THE best attorney this valley has to offer.- Bianca Acuna
