Can a no contest plea under section 1203.4 of the California Penal Code be reduced to a charge of assault against an illegal immigrant?

California, United States of America


The following excerpt is from People v. Abergel, B194513 (Cal. App. 7/14/2008), B194513 (Cal. App. 2008):

In 2005, on appellant's motion under Penal Code section 1203.4, the superior court reduced appellant's conviction to a misdemeanor, and then set aside his plea and dismissed the case. This dismissal did not, however, eliminate the federal immigration consequences of the conviction. (See Ramirez-Castro v. I.N.S. (9th Cir. 2002) 287 F.3d 1172, 1174.) In July 2006, appellant filed the present motion, also styled a petition for writ of error coram nobis, to set aside his no contest plea and the judgment of conviction. Appellant argued that he had entered his plea 15 years earlier without knowledge of its consequences, and that his trial counsel had performed ineffectively.

Other Questions


Can a conviction for a charge of assault be reduced to a charge under section 654 of the California Penal Code? (California, United States of America)
What is the test for a motion to reduce a charge of assault to a simple assault under the California Penal Code? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
When a defendant is convicted of a burglary and assault charge under section 654 of the California Criminal Code, is the assault charge stayed? (California, United States of America)
What are the consequences of defendant's motion to reduce the criminal charges of sexual assault to misdemeanors under section 17 of the California Penal Code? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
Can a defendant be charged with kidnapping, robbery and assault charges under section 739 of the California Penal Code? (California, United States of America)
Is a defendant's sentence for assault reduced to a reduced sentence under section 667.5 of the California Penal Code? (California, United States of America)
Is a charge under section 12022.5 of the California Penal Code for possession of a firearm an allegation of firearm use included in a charge of a lesser included crime? (California, United States of America)
What is the effect of section 1192.5 of the California Penal Code on a plea where a defendant has pleaded guilty to a charge of assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.