Understanding How a Moral Turpitude Conviction Can Impact Your Immigration Case

Being arrested in Florida for a crime classified as a crime of moral turpitude (CMT) carries serious consequences, especially for non-citizens. A conviction for such an offense can lead to deportation, inadmissibility, and other life-altering immigration consequences. Understanding what constitutes a crime of moral turpitude, how it affects your immigration status, and the legal defenses available can be critical to protecting your future.

What Is a Crime of Moral Turpitude?

A crime of moral turpitude involves conduct that is considered morally wrong or unethical. While no specific list exists in Florida or federal law, courts generally describe these crimes as acts involving dishonesty, fraud, violence, or extreme recklessness. Crimes falling into this category violate accepted societal standards of integrity and honesty.

Crimes commonly considered as moral turpitude offenses include:

  • Aggravated child abuse under Florida Statutes § 827.03
  • Assault with a deadly weapon
  • Theft crimes, including grand theft and burglary
  • Fraudulent acts, such as identity theft or credit card fraud
  • Sex crimes, including certain sexual battery charges

These crimes can have serious immigration consequences, including deportation or being barred from re-entering the U.S.

How a Crime of Moral Turpitude Affects Immigration Status

A conviction for a crime of moral turpitude can trigger several immigration consequences under 8 U.S.C. § 1227(a)(2). Here's how:

Deportation Risk

Non-citizens can face removal proceedings if convicted of a crime of moral turpitude, particularly when:

  • Convicted within five years of admission to the U.S.
  • Sentenced to more than one year for the offense.

Even if you have a green card, a conviction for a CMT can lead to removal from the U.S.

Inadmissibility

A conviction for a crime of moral turpitude can make a non-citizen inadmissible to the U.S., meaning you may be:

  • Denied entry after traveling abroad.
  • Barred from adjusting your immigration status.

This is a critical concern for lawful permanent residents seeking citizenship or re-entry into the U.S. after travel.

Barriers to Naturalization

For permanent residents, a crime of moral turpitude can affect good moral character, a requirement for naturalization under 8 U.S.C. § 1101(f).

Defending Against Allegations of Crimes of Moral Turpitude in Florida

If you're facing a charge for a crime of moral turpitude in Florida, your defense strategy must be strong, strategic, and tailored to both the criminal and immigration implications. Here are several effective defense strategies:

Lack of Intent

Many crimes of moral turpitude require intent to commit wrongdoing. If we can demonstrate that you did not intend harm—such as in accidental injuries or misunderstandings—this can be a valid defense.

Example: In theft cases, proving you lacked intent to permanently deprive someone of their property can weaken the prosecution's case.

False Accusations

False allegations can occur in emotionally charged situations, especially in domestic violence or child abuse cases. Challenging the credibility of the accuser and presenting evidence of fabrication can be powerful in your defense.

Insufficient Evidence

The burden of proof lies with the prosecution. If the evidence against you is weak or circumstantial, we can argue for case dismissal or a reduction in charges.

Procedural Violations

Law enforcement must follow strict procedures during investigations and arrests. Violations, such as lack of probable cause for a search or failure to read Miranda rights, can lead to the suppression of evidence.

Plea Bargains and Charge Reductions

If dismissal is unlikely, negotiating a plea deal to reduce the charge to a non-moral turpitude offense may protect your immigration status. Crimes like simple battery under Florida Statutes § 784.03 often carry fewer immigration risks compared to aggravated charges.

Federal and Florida Statutes Relevant to Crimes of Moral Turpitude

Several Florida statutes can lead to a crime of moral turpitude classification, including:

  • Florida Statutes § 812.014 (Theft Crimes) – Theft involving dishonesty, such as grand theft, is often considered a crime of moral turpitude.
  • Florida Statutes § 827.03 (Aggravated Child Abuse) – Aggravated child abuse charges, involving intentional harm or neglect, can trigger immigration consequences.
  • Florida Statutes § 812.13 (Robbery) – The use of force or threats in theft crimes is often treated as a CMT.

The Value of Retaining a Private Defense Lawyer for CMT Charges

Facing charges for a crime of moral turpitude requires a skilled defense. A public defender may be assigned to your case, but when your immigration status and freedom are on the line, hiring a private defense lawyer can make a substantial difference.

Here’s how a private defense lawyer can help:

  • Focused Attention: A private attorney can dedicate more time to your case and explore every defense avenue.
  • Experience Handling Complex Cases: Crimes of moral turpitude often overlap with immigration law, requiring precise legal strategies.
  • Immigration Consequences Awareness: We can negotiate plea deals or charge reductions aimed at minimizing both criminal and immigration consequences.

Florida Immigration Status and Criminal Charges FAQs

What makes a crime a crime of moral turpitude?
A crime of moral turpitude involves acts considered inherently wrong or morally reprehensible, often involving dishonesty, violence, or harm to others. Crimes like theft, fraud, and aggravated assault often fall into this category under both federal and Florida law.

Can a conviction for a crime of moral turpitude lead to deportation?
Yes. Under 8 U.S.C. § 1227(a)(2), a non-citizen can face removal from the U.S. if convicted of a crime of moral turpitude, especially if it occurs within five years of entering the country or involves a sentence of more than one year.

Is aggravated child abuse considered a crime of moral turpitude in Florida?
Yes. Under Florida Statutes § 827.03, aggravated child abuse, which involves intentional harm or neglect, is commonly classified as a crime of moral turpitude due to its violent nature and harm to a vulnerable victim.

What defense strategies can be used against moral turpitude charges?
Several defense strategies include arguing lack of intent, insufficient evidence, procedural violations, and false accusations. Negotiating a plea to a lesser charge that does not qualify as a crime of moral turpitude can also protect your immigration status.

How can a criminal defense lawyer help protect my immigration status?
A skilled defense lawyer can build a strong defense, negotiate plea agreements, and work to reduce charges to non-deportable offenses. This dual focus on both the criminal and immigration aspects of your case can help safeguard your ability to remain in the U.S.

What happens if I am a green card holder and convicted of a crime of moral turpitude?
A green card holder convicted of a crime of moral turpitude may face deportation proceedings, particularly if the conviction involves a sentence exceeding one year or occurs within five years of obtaining residency. Legal representation is critical to defending against both the criminal and immigration consequences.

Can a crime of moral turpitude affect my ability to become a U.S. citizen?
Yes. Crimes of moral turpitude can impact good moral character evaluations required for U.S. citizenship. A conviction may lead to a denial of naturalization, making it essential to defend against such charges aggressively.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.