Understanding the gravity of crimes involving moral turpitude is paramount in legal proceedings. These offenses, which encompass serious dishonesty, fraud, or conduct that would shock a reasonable person, can significantly impact a defendant's decision-making process, particularly when considering a plea bargain or trial.
When facing potential collateral consequences such as immigration issues or the risk of losing a professional license, the gravity of a crime involving moral turpitude becomes even more apparent. This is especially true for professions like medicine, law, or real estate.
Any conviction for a crime of moral turpitude could also be used to impeach your credibility in a legal proceeding. Some, like anyone in the law enforcement profession, are often called upon to testify in court and must consider whether a conviction for moral turpitude will have a negative impact on their employment.
A crime involving moral turpitude is not a specific offense in itself, but rather a classification type associated with certain crimes. It means if you're facing a crime classified as a crime of moral turpitude, you could potentially face additional or collateral consequences.
California law doesn't specifically define a crime of moral turpitude, but it's generally described as a crime involving conduct that is dishonest, fraudulent, or morally reprehensible.
For a crime to be classified as one of moral turpitude, a criminal court judge or jury must carefully consider the specific details and evidence of the case. They are tasked with determining whether the conduct was so egregious that it warrants this classification.
It should be noted that another crucial factor is considered in determining whether your case involves a crime of moral turpitude—that is, whether the crime is normally intent.
This simply means that the elements of the crime have some form of criminal intent. Remember, a crime of moral turpitude refers to an act that is morally reprehensible, not merely a case of bad judgment or a mistake.
Crimes Shocking the Conscience
Crimes of moral turpitude are offenses involving serious fraud, deceit, or lying, or conduct that “shocks the conscience.” Since there is no specific definition, we are left with a general one. This means there is frequent court debate and disagreement about what exact crimes are considered moral turpitude.
Obviously, misdemeanor drug possession cases are not crimes involving moral turpitude. However, first-degree murder cases and other serious assault crimes will usually always be considered crimes of moral turpitude. There are California crimes that are generally classified as involving moral turpitude:
- Penal Code 288 – Lewd acts on a minor
- Penal Code 261 – Rape
- Penal Code 290 – Failing to register as a sex offender
- Penal Code 273.5 – Corporal injury to spouse (felony)
- Penal Code 273d – Child abuse
- Penal Code 422 – Criminal threats
- Penal Code 211 – Robbery
- Penal Code 459 – Burglary
- Penal Code 496 – Receiving stolen property
- Penal Code 187 – Murder
- Penal Code 451 – Arson
- Penal Code 209 – Aggravated kidnapping
- Penal Code 487 – Grand Theft Auto
- Penal Code 29800 – Felon in possession of a firearm
- Penal Code 601 – Aggravated trespassing
- Penal Code 192 – Voluntary manslaughter
- Penal Code 118 – Perjury
- Health & Safety Code 11351 – Drug possession for sale
- Vehicle Code 20001 – Felony Hit and Run
- Welfare & Institutions Code 10980 – Welfare fraud
Again, it's essential to note that a crime involving moral turpitude is almost always an intentional crime, meaning there must be some type of criminal intent.
There are often disagreements in borderline cases about whether the behavior is harmful to the general public and constitutes “shocking the conscience.”
Different courts may have varying opinions, but there is a consensus that moral turpitude implies intentional, wrongful conduct. Statutes that require knowledge of willful conduct have a better chance of being classified as crimes of moral turpitude.
Immigration Consequences
Federal courts frequently address crimes of moral turpitude that have immigration consequences. They employ an analytical framework known as the “categorical approach,” in which they review the elements of the crime necessary for a conviction.
The specific facts of the case are not reviewed; rather, the federal court only reviews the facts that the jury found to establish a conviction under a specific statute. Based on this information, they will determine whether the case meets the standard for moral turpitude.
United States immigration law states that certain types of criminal convictions for a crime of moral turpitude can lead to the deportation of an undocumented immigrant, or they could be deemed inadmissible.
An undocumented immigrant can be deported if convicted of a crime of moral turpitude, receives a jail sentence for over one year, and the conviction occurs within 5 years of being admitted to the United States.
Professional License Consequences
We often receive questions regarding the crime of moral turpitude related to individuals holding professional licenses. Many professions require a license, such as those of doctors and teachers, and a conviction for a crime of moral turpitude can result in severe adverse consequences.
In fact, it's common for professional boards to suspend or revoke a license for anyone convicted of a crime involving moral turpitude. This could dramatically impact their livelihood.
Most California professional licensing boards draw a red line for criminal convictions that do and don't involve moral turpitude. These distinctions often require individuals to self-report when they are arrested or convicted. The level of discipline imposed can include a loss of license.
A conviction for a crime involving moral turpitude, such as domestic violence, can have life-altering consequences. The loss of a professional license is just one of the potential outcomes, highlighting the seriousness of the issue.
Impeachment of a Witness
If you are convicted of a crime involving moral turpitude, it will limit your effectiveness as a reliable witness. Let's say you are called to be a witness in any type of legal proceeding.
If the opposing lawyer discovers you have a conviction for a crime involving moral turpitude, they will use this information to discredit your credibility as a witness.
This is referred to as the impeachment of a witness, where your criminal history is used to persuade a jury that your testimony can't be believed.
Even a misdemeanor conviction for conduct considered a crime of moral turpitude can be used to impeach a witness. Jurors typically distrust witness testimony from individuals convicted of a crime involving moral turpitude, especially in cases involving dishonesty.
Accused of a crime that might be considered a crime of moral turpitude? The potential consequences are not just legal, but life-changing if convicted. The weight of your decisions in this situation cannot be overstated.
When facing a potential crime of moral turpitude, seeking professional legal advice is crucial. Our Los Angeles criminal defense lawyers can review all the details of your case and discuss legal options, providing the best opportunity for a favorable outcome.
We serve clients throughout Southern California, including the greater Los Angeles County and the San Fernando Valley. With a proven track record of success in handling all types of misdemeanor and felony charges, we are a trusted criminal defense law firm. We offer a complimentary case evaluation to help you begin your journey toward a favorable outcome.
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