Legal Question in Criminal Law in California
Reduce pen 245 to misdemeanor after probabtion completed
He was Convicted of pen code 245. I think it was assualt with a weapon casue bodiy injury. He hitted someone with his vehicel after he was robbed... He was to serve 1 year in county jail but end up served one year in home detention with electronic monitoring device on the ankle.. He alos completed the 5 year probabtion with no run in with the laws.
1. Can this felony reduced to misdemeanor? then be expunged?
2. can this person with green card become citizen after the felony is reduced? after that, will there be a risk for him to go in and out of the country, worrying that he might not allowed to get back into usa once he left.
I appreciate any help you can offer.
Thank you for your kindness.
1 Answer from Attorneys
Re: Reduce pen 245 to misdemeanor after probabtion completed
Penal Code Section 1203.4 provides that a felony conviction may be reduced to a misdemeanor conviction. My understanding is that then an application under P. C. Section 1203.4 can be made to have the (misdemeanor) plea of guilty withdrawn.
Related Questions & Answers
-
What criminal charges would a person who buried an overdosed friend face. I am... Asked 5/16/02, 8:18 pm in United States California Criminal Law
-
Police Officer hiring California Law enforcement. Can a person who has been... Asked 5/16/02, 12:27 am in United States California Criminal Law
-
Penal Code 273a My 18 year old son was arrested and is being charged with P.C.273a... Asked 5/15/02, 11:43 am in United States California Criminal Law
-
Embezzlement Charges I was helping a another person out with some business... Asked 5/12/02, 12:08 pm in United States California Criminal Law