Legal Question in Criminal Law in California

My son was with a female friend and another guy grabbed her and pulled her out of a cab. My son hit this other guy and knocked him out. He was convicted of battery and bodily harm (?). The DA said she wanted to make an example of him because violence was on the rise in the college town he lives in. My son had never been in any other trouble but now this conviction is haunting him. Can he get it reduced? He was on probation for a while and this was 2 years ago.

Asked on 10/23/13, 12:01 pm

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

It depends in what exact charge he was convicted of (along with any enhancements). Some Delong charges are "wobblers" and can be either a felony or a misdemeanor. If he successfully completes probation, he can petition for any wobblers to be reduced to misdemeanors and dismissed (aka expunged). California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case off your record, but it adds a notation that the case was dismissed. That allows you to tell most employers that you have not been convicted of the crime, but it remains on your record and still counts as a prior conviction.

This something you'll need to discuss face to face with a local criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

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Answered on 10/23/13, 12:18 pm

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