I was arrested for petit larceny but during the hearing I plead guilty to disorderly conduct. For citizenship application does this consider as having a CIMT ?
Answered on: 8/11/13, 5:48 pm by Professor Rahul Manchanda, Esq.
Petit Larceny in New York State is a Class A misdemeanor under NY Penal Law 155.25 and is not considered an Aggravated Felony ("AF") unless a term of imprisonment imposed is one year, in which case it probably is considered a “theft” AF. Is it a Crime Involving Moral Turpitude ("CIMT")? Well, yes, but in order to avoid an AF conviction, avoid sentence imposed of one year (get 364 days or less), and to avoid CIMT, consider alternative offenses such as Disorderly Conduct (NYPL 240.20), Trespass (NYPL 140.04), or Jostling (NYPL 165.25). If that is not possible, and if the client has no prior CIMTs, consider alternative offense of attempt (PL 110.00) to commit NYPL 155.25, which, as a B misdemeanor, will not trigger deportability as “1 CIMT within 5 years of admission.” Please call my law office at 2129688600 to discuss further. Regards, RDM
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