Is California PC 664.288a different in sentencing and post probation relief than PC288a?

Asked almost 2 years ago - Fresno, CA

I was charged with and plead to PC664.288a and 664.288.2b and wonder since the charges were attempts and the sentence was only 5 yrs probation (served) am I eligible for any form of relief?

Attorney answers (3)

  1. Jack Carson Revvill

    Contributor Level 6

    2

    Lawyers agree

    Answered . You will need to provide additional information in order to get a reliable answer to your question. For example, you will need to identify the applicable subdivision of section 288a, verify that you are in fact not writing about 288, subdivision (a), discuss any prior convictions or post-plea or post-probation incidents with law enforcement, if any. The attempt component is interesting, of course, but is not itself the basis for any post-probation/post-conviction relief to which you may be entitled. My advice is that you get together whatever paperwork you have from your case, or get copies from the court, especially the minute order from your sentencing, and consult an attorney. Penal Code sections 288a, subdivision (b)(1) and 288.2, subdivision (b), are both wobblers and as such may be sentenced initially as, or later reduced to, misdemeanors. Under appropriate circumstances, misdemeanors may be "expunged" pursuant to section 1203.4. So, again, the relief that is available will be determined based upon the precise nature of your plea and sentence.

    This is not intended as a legal opinion nor does the answer to this question create an attorney-client... more
  2. Stephen Ross Cohen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Get on your feet and go see Jack, he is local and knows what he is talking about.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more
  3. Michael Douglas Shafer

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Need a bit more detail. PC 288a contains "wobbler" charges.

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