Is there a way I can fight this DV or have the no contests plea reversed or have to reduce to a normal battery? 3 Answers as of April 10, 2014

Ten years ago, I plead no contest to Misdemeanor DV battery and had to do a 52 week program. At that time, I had no idea how serious that would be. I took the deal to avoid having to go to trial. As a result, I’m subject to the lifetime ban on owning or posing a firearm. The victim in this case was a friend who I had never had an Intimate relationship with, who is not a family member nor at any time share residence with. After spending some time researching the definitions and what is needed to be charged with DV versus a regular battery. It appears I did not fall in the category of Domestic violence.

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Steven Alpers | Steven Alpers
It is very unlikely that the plea may be set aside. Normally, the ban on gun ownership lasts through probation plus 10 years.
Answer Applies to: California
Replied: 4/10/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
The ship has long sailed my friend.
Answer Applies to: California
Replied: 4/9/2014
Attorney at Law
Attorney at Law | Michael J. Kennedy
It sounds like you are suffering from buyer's remorse, which does not support undoing a conviction especially this late in the game. Had you tried to do so within 6 months of the plea, maybe ? 10 years later, no chance. People need to gauge things carefully when they plead guilty to a crime, because most charges can be fought, and those who choose not to do so are generally stuck with the results of their decisions.
Answer Applies to: California
Replied: 4/8/2014
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