Crimes Involving Moral Turpitude

Crimes Involving Moral Turpitude All crimes have consequences. In most cases, a conviction will result in supervised release, fines, and/or incarceration and a significant hit to your professional reputation and public conscience. Certain offenses are worse than others. They are considered crimes involving moral turpitude (CIMT) and typically involve fraudulent, deceitful, or harmful behaviors. Crimes involving moral turpitude carry additional consequences that can be devastating if found guilty. In addition to typical criminal penalties, you can face repercussions involving immigration, employment, and your reputation.

Having an experienced criminal defense lawyer, like those at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys, can be crucial in navigating these complex legal challenges and protecting your future.

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Crimes Involving Moral Turpitude

This isn’t a specific offense. It’s a classification that’s assigned to specific crimes. There is no black-and-white definition of a crime involving moral turpitude. Whether or not a crime should be classified as such is an issue that’s been left up for debate. Courts have been tasked with: (a) providing a fundamental definition (b) determining which crimes warrant classification as a crime involving moral turpitude.

Meaning of Crime Involving Moral Turpitude

Courts have acknowledged that there is no “consistent or easily applied set of criteria” for identifying crimes involving moral turpitude. Instead, courts have explained that crimes involving moral turpitude involve either:

• Fraud, or
• Base, vile, and depraved conduct that shocks the conscience.

If a crime isn’t fraudulent in nature, it must “almost always involve an intent to harm someone, the actual infliction of harm upon someone, or an action that affects a protected class of victim.” The courts decide whether or not a specific crime satisfies this criterion. Since there are no real hard-and-fast criteria, courts typically compare a crime with others classified as crimes of moral turpitude. Similar crimes may also be classified as such.

Which Are Crimes Involving Moral Turpitude?

Many crimes can be classified as a crime involving moral turpitude. Each classification will be done on a case-by-case basis. This means that a crime that’s classified as a crime involving moral turpitude in one case may not be classified as a crime involving moral turpitude in another case. The determination will ultimately hinge on the defendant’s state of mind and intent if there is a debate. Acts done recklessly or with evil intent will generally warrant classification as a crime involving moral turpitude. Crimes involving moral turpitude include:

• Murder
• Rape
• Robbery
• Kidnapping
• Voluntary manslaughter
• Aggravated assault
• Mayhem
• Spousal abuse
• Child abuse
• Incest
• Bigamy
• Paternity fraud
• Lewd acts on a child
• Theft crimes
• Robbery
• Burglary
• Arson
• Prostitution
• Pandering
• Fraud
• Driving under the influence without a license
• Criminal threats
• Failure to register as a sex offender
• Felony hit and run
• Perjury
• Drug crimes
• Receiving stolen property
• Welfare fraud, and
• Felon in possession of a firearm.

Which Crimes Aren’t Crimes Involving Moral Turpitude?

Not all crimes are classified as crimes involving moral turpitude. Many times, courts have determined that particular crimes do not rise to the level of depravity or evilness inherent in a crime involving moral turpitude. These crimes typically won’t be classified as crimes involving moral turpitude unless the offense involves certain aggravating factors.

Courts have determined the following crimes, when aggravating factors are not present, should generally not be classified as crimes involving moral turpitude:

• Driving under the influence, for first-time offenders
• Domestic violence against a person other than your spouse
• Possession of marijuana
• Child endangerment
• False imprisonment, and
• Involuntary manslaughter.

Assault is typically not a crime involving moral turpitude unless it is committed (a) with the intent to inflict serious harm or (b) against a protected class of victim.

What Are the Consequences For a Crime Involving Moral Turpitude?

When you’re convicted of a crime you’ll be vulnerable to any of the criminal penalties that may apply. If that crime is also classified as a crime involving moral turpitude, you can face additional consequences that aren’t necessarily criminal in nature. There are three primary consequences for a crime involving moral turpitude:

• Immigration
• Professional, and
• Credibility.

Immigration Law and Consequences of Moral Turpitude

Crimes involving moral turpitude can be particularly problematic if you’re not a citizen of the United States. As a non-citizen, a conviction for a moral turpitude crime can affect your immigration status and ability to acquire or maintain a green card or visa. You may be classified as deportable or inadmissible.

Deportable: This means that you can be asked to leave and/or forcibly removed from the country, regardless of your immigration status. The length of time you’ve spent in the United States will also be irrelevant. Your immigration status can only be changed to deportable if:

• You’re convicted of two or more crimes or other immorality involving moral turpitude on separate occasions or
• You’re convicted of a felony crime involving moral turpitude within five years of legally entering the country.

Inadmissible: You may be prohibited from entering the country legally. You may not be able to apply for a green card, become a naturalized citizen, or petition to become a legally recognized immigrant. If you leave the country, you may not be allowed to return. Your immigration status can only be changed to be considered inadmissible if you’re convicted of a crime involving moral turpitude or admit to a crime involving moral turpitude. However, your immigration status may not change if your conviction is for a “petty offense.” This will be a crime that’s not punishable by more than 1 year. You must also not be sentenced to more 6 months behind bars. Immigration consequences can be disastrous for you and your family.

Professional Consequences for a Crime Involving Moral Turpitude

A conviction for a crime involving moral turpitude can also affect any professional licenses you may hold. Certain jobs require that you receive and maintain a professional license. Educators, attorneys, and doctors are a few professionals who could face adverse consequences if convicted of a crime involving moral turpitude.

Many professional boards will suspend or revoke these licenses if a practitioner is convicted of a crime involving moral turpitude. This can prevent you from earning the money you need to get by and unnecessarily complicate your life. You may also face adverse consequences if you’re a California state employee. The government reserves the right to implement internal disciplinary measures or even suspend or terminate your employment if you’re convicted of a crime involving moral turpitude.

Credibility Consequences for a Crime Involving Moral Turpitude

A conviction for a crime involving moral turpitude can limit your effectiveness as a reliable witness. When you are called to testify in a legal proceeding, you will face a great deal of scrutiny.

Opposing counsel can use this to impeach your credibility as a witness when you have been convicted of a crime involving moral turpitude. This means they can use your prior crime to undermine what you say in a legal proceeding.

I’ve Been Arrested for a Crime Involving Moral Turpitude. What Should I Do?

Again, a crime involving moral turpitude is not a specific offense. It’s a classification that can be applied to certain crimes. If you’ve been arrested for a crime that could be classified as a crime involving moral turpitude, it’s important to speak with an attorney. Early intervention in your case could go a long way in protecting your future.

Here’s how an experienced criminal defense lawyer can help with your case:

Dismissal

Your attorney will intervene in your criminal case and review the charges and evidence against you. If the state’s case is weak or if evidence has been obtained illegally, your lawyer will file a motion to dismiss the charges. An aggressive approach like this can be very successful. If the case is thrown out, you won’t face the penalties for a crime involving moral turpitude.

Reduction in Criminal Charges

Courts will not dismiss criminal charges if there is some evidence to support the state’s case against you. Your attorney can approach the prosecution to discuss reducing the criminal charges. This reduction would ideally be to a crime that would not be classified as a crime involving moral turpitude. So, while you may face criminal charges, you would not face the consequences of a crime involving moral turpitude. For example, let’s say that Alex is arrested and charged with voluntary manslaughter, a crime that can be classified as a crime involving moral turpitude. Your attorney points out the weaknesses in the state’s case and asks for the charges to be reduced to involuntary manslaughter. In most situations, involuntary manslaughter will not be classified as a crime involving moral turpitude. Malicious intent must be present.

Assert a Strong Defense

The state may be reluctant to negotiate the criminal charges in your case. If this happens, you must be prepared to assert a solid and persuasive defense. You’ll only be vulnerable to the consequences of a crime involving moral turpitude if you’re convicted.

Petition for Post-Conviction Relief

You’re not necessarily out of options just because you’ve been convicted of a crime. You may have the right to petition a court for post-conviction relief, which can include re-sentencing or reducing a misdemeanor to a felony. Getting post-conviction relief can help protect you from some of the immigration consequences of a crime involving moral turpitude. Post-conviction relief does not guarantee that your conviction won’t be used to determine your immigration status.