State v. Mr. G. (2019) Aggravated Assault – Set Aside

roger Case Successes, Set Asides

State v. Mr. G. (2019)

Practice Area: Criminal Law / Set Asides

Date: December 9, 2019

Outcome:    Judgment of Guilt Set Aside 

Description: On December 9, 2016, Mr. G. entered a guilty plea to Aggravated Assault, a class 6 undesignated felony and domestic violence offense.  He was sentenced to 18 months of probation. Ms. Castillo filed a Motion to Terminate Probation early and on November 17, 2017, Mr. G.’s probation was terminated.  Once his probation term was over, Ms. Castillo filed a requested that the offense be designated a misdemeanor, and on November 28, 2017, the Court granted the request and Mr. G.’s criminal record was changed to reflect only a misdemeanor conviction, in effect, restoring Mr. G.’s civil rights.  Finally, Ms. Castillo filed a Motion to Set Aside Judgment and Restore Gun Rights (based on the domestic violence conviction). On December 9, 2019, the Court granted the motion and set aside Mr. G.’s conviction and restored his gun rights.