Understanding What Defines a Crime of Moral Turpitude
If any component of the Department of Homeland Security determines that a non-citizen has committed an offense that is a crime of moral turpitude, that non-citizen can face dire consequences. Crimes of moral turpitude routinely lead to the deportation and removal of non-citizens every day. The problem with this is that a crime of moral turpitude is not so easily defined. The typical definition of a crime of moral turpitude is one that involves elements that are “morally reprehensible and intrinsically wrong.” These crimes include crimes of violence, conspiracy, and theft among others. An actual list of what is and isn’t a crime of moral turpitude does not exist, however. These cases are determined on a case-by-case basis. Incredibly, the law does not require an actual conviction of a crime, but only needs there to be an admission to certain elements to be classified as committing a crime of moral turpitude. So, if you take a “first-offender deal” where you plead guilty but end up with nothing on your criminal record, you can still find yourself in immigration court fighting for your right to remain in the United States. A classification of a crime of moral turpitude can result in either grounds for removal or inadmissibility. It can either get you deported from the United States or keep you from ever entering to begin with. A crime of moral turpitude is also an obstacle to proving “good moral character” and could make someone ineligible to get naturalized as a United States citizen.
PETTY OFFENSE EXCEPTION
There are a couple safe harbors and limited exceptions to what is defined as a crime of moral turpitude. Once such exception is what is known as “the petty offense exception.” The petty offense exception applies to offenses who have a maximum possible penalty of one year in jail. In addition to the charge carrying a maximum of a year or less, the defendant must have not been sentenced to more than six months of jail. If the defendant has been sentenced to longer than six months in jail and is released early, the defendant will not get any credit for immigration purposes. It is the actual sentence of the sentencing judge that matters, not how long the defendant actually was incarcerated. This also applies to those cases where the person did not end up with an actual conviction but made admissions that satisfy the moral turpitude standard.
HOW DOES THIS AFFECT ME?
If you are a non-citizen and you are facing current criminal charges or are having to answer for previous conduct, you are at risk directly for deportation and removal because of a crime of moral turpitude. As stated before, there is no exact list that includes every crime of moral turpitude; so, for an analysis of your current situation, it is important to speak to an experienced deportation and removal attorney. The determination of this single issue can be the deciding factor in whether you are allowed to enter or stay in the United States. The intersection of immigration and criminal law can be quite complicated and hard to follow. Oftentimes, an immigration attorney will need the assistance of a criminal defense attorney to help keep their client from being deported because of current or prior criminal charges. It is important to know that at Bajoka Law, we have significant experience in both criminal and immigration court. We will use this experience and knowledge to your benefit.
