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“Moral turpitude” is a legal concept used to describe conduct considered inherently base, vile, depraved, dishonest, or contrary to the accepted duties people owe to one another or to society. There is no single universal statutory definition, which is why the term can be difficult to apply consistently.
Whether a crime involves moral turpitude usually depends on the elements of the offense and the legal context in which the issue arises. How a conviction is treated can differ in immigration, professional licensing, and other proceedings because different authorities apply the concept for different purposes.
A crime involving moral turpitude (CIMT) is generally an offense involving reprehensible conduct and a sufficiently culpable mental state, such as intent, knowledge, willfulness, or, in some cases, recklessness.
The determination can be highly technical and may depend on the exact statute of conviction. Two offenses that sound similar can be classified differently because of differences in how the statutes are written.
While the analysis is always statute-specific, offenses that have been classified as CIMTs can include:
Classification can vary by jurisdiction and by the specific elements of the statute of conviction, so this list is only a starting point. There is no rule that all felonies are CIMTs or that misdemeanors are not. The analysis generally turns on the statute of conviction and, in some cases, certain records identifying the specific statutory offense involved.
The classification matters because its consequences can reach beyond the criminal sentence itself. A conviction classified as involving moral turpitude may affect:
How much any of this matters depends heavily on the jurisdiction and the purpose for which the classification is being used. For a noncitizen, a CIMT determination can have consequences that extend well beyond the criminal sentence. That is why potential CIMT consequences should be considered early in the defense process, including during plea negotiations.
Immigration law is where CIMT classifications often have the greatest effect. A CIMT can potentially affect admissibility, including whether someone can enter the country or adjust status. It can also affect deportability and eligibility for certain forms of immigration relief.
Not every CIMT conviction produces the same immigration result. The analysis can depend on factors such as the offense, the possible sentence, the timing of the conduct, a person’s immigration history, and whether other convictions exist.
Potentially, yes. Because CIMT analysis generally focuses on the elements of the offense of conviction rather than simply on the underlying allegations, the specific offense a defendant pleads to can matter significantly. If a statute contains multiple alternative offenses, certain records from the criminal case may also become relevant to the analysis.
Two plea offers that carry identical sentences can have very different long-term effects if one offense is classified as a CIMT and the other is not. Prosecutors control what plea offer is made, but defense counsel can advocate for a resolution that takes potential immigration consequences into account.
A charge should not be evaluated solely by its potential jail sentence or fine. Before a plea is entered, it is important to consider whether the charge could affect:
The exact statute should be reviewed because the analysis often depends on specific statutory language rather than the general name of the offense. For noncitizens, the criminal case and potential immigration consequences should be evaluated together, with immigration counsel involved when appropriate.
A defense lawyer who understands CIMT issues can:
A criminal defense lawyer can help a defendant understand the legal issues surrounding the charge while considering the possible future implications.
A criminal charge is not just about the sentence. It also involves the statute at issue and the consequences that may follow from a conviction or guilty plea. When a CIMT is involved, those consequences may affect immigration status, professional licensing, employment, or other parts of a person’s future.
Those risks should be evaluated before a plea is entered whenever possible. If you are facing a charge in Phoenix, Arizona, that may be classified as a crime involving moral turpitude, Orent Law Offices can help. Call us today at (480) 656-7301 to schedule a free consultation with a Phoenix criminal defense lawyer.
