Understanding crimes involving moral turpitude is crucial 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 sought to testify in court and have to consider whether a moral turpitude conviction will have a negative impact on their employment.
A crime involving moral turpitude is not a specific offense by itself – but it's a type of classification associated with a crime. 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 crime – but it's basically described as a crime involving conduct dishonestly, fraud, 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 is something morally reprehensible—not just bad judgment or a mistake.
Crimes Shocking the Conscience
Crimes of moral turpitude are offenses involving serious fraud, deceit, lying, or “shock 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 a crime involving moral turpitude. However, first-degree murder cases and other serious assault crimes will usually always be considered a crime 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 sales
- Vehicle Code 20001 – Felony Hit and Run
- Welfare & Institutions Code 10980 – Welfare fraud
Again, it's important to note that a crime involving moral turpitude is almost always an intent crime – meaning there has to be some type of criminal intent.
There are often disagreements in borderline cases about whether the behavior is harmful to the general public and rises to the level of “shocking the conscience.”
Different courts will have different opinions, but there is a general agreement 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 often deal with crimes of moral turpitude related to immigration consequences. They use an analytical framework known as the “categorical approach,” where they review the elements of the crime required for a conviction.
The specific facts of the case are not reviewed; rather, the federal court only reviews what facts the jury found to obtain a conviction for a specific statute. Based on this information, they will determine whether the case meets the standard for moral turpitude.
United States immigration law states 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 those holding a professional license. Many professions require a license; such as doctors or teachers, and a conviction for a moral turpitude crime can result in 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 include a requirement to self-report when they are arrested or convicted. The level of discipline imposed can include a loss of license.
Simply put, the consequences of a domestic violence conviction can be life-altering because of the loss of a professional license.
Impeachment of 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 normally distrust witness testimony from those convicted of a moral turpitude crime, especially in a conviction involving some type of 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.
When facing a potential crime of moral turpitude, it's crucial to seek professional legal advice. Contact our Los Angeles criminal defense lawyers to review all the details of your case and discuss legal options. We're here to guide you and give you the best chance at a favorable outcome.
We serve clients throughout Southern California, including the greater Los Angeles County and the San Fernando Valley. With a record of success in all types of misdemeanor or felony charges, we are a criminal defense law firm you can trust. We offer a free case evaluation to start your journey to a favorable outcome.
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