Tooby's California Post-Conviction Relief for Immigrants



 
 

§ 9.12 D. Reduction of Maximum Sentence

 
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One important effect of an order reducing a felony to a misdemeanor is that it reduces the maximum possible custody sentence to one year.  This can benefit the immigrant in two ways.  First, it can assist him or her to qualify for the Petty Offense Exception, which has a multitude of possible favorable effects.  See § 9.13, infra.  Second, it can reduce the possible maximum sentence for one conviction of a crime of moral turpitude below one year, which will avoid deportation on account of that conviction.  See § 9.13, infra. 

 

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