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Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project, Maricopa County Public Defender August 2012 OFFENSE 31. § 1505 Possession of Burglary Tools 32. § 1506 Burglary 3 rd degree AGG. FELONY No Only if 365 days. If 365 unavoidable, see Advice. §1507 Yes if 365 but nd Burglary 2 imm counsel may have arguments. § 1508 Burglary 1 st 33. § 1602 Criminal Damage 34. § 1603 Criminal Littering or Polluting 35. § 1604 Agg. Criminal Damage 36. § 1702 Reckless burning 37. § 1703 Arson of Structure or Property Yes if 365 days and linked to 13- 1507. If 365 days and possibly linked to 13-1506 (see Advice), it might be that the mere presence of weapon does not make it COV. CRIME INVOLVING MORAL TURPITUDE Divisible; keep record free of “CMT burglary” – see Advice Divisible. Keep record open to intent to commit any felony or theft or any felony” See 13-1506. See 13-1506 DOMESTIC VIOLENCE, DRUGS, FIREARMS, OTHER No. Can’t be DV even if dom relationship is in the record because it is not a COV, as long as record leaves possibility of car or commercial yard as burgled. Keep dom relationship out of record to avoid DV deportable. Keep dom relationship out of record to avoid DV deportable. May be deportable on separate ground if record refers to firearm or explosives. ADVICE Keep record from showing intent to commit a CMT, i.e. not a burglary that involves intent to commit theft, but rather “theft or any felony.” Burglary w/ 1-yr sentence is not an AF if (a) was of a car or fenced commercial yard, and (b) involved intent to commit undesignated felony or undesignated theft. Keep record vague on these points To avoid AF, get 364 days or see §§ 13-1506, 1505. Get 364 or less to avoid AF. No. Probably Not No Good plea to avoid immigration consequences, particularly if record is vague between subsections. No. No. No. Good alternate plea to criminal damage if you must avoid a CMT. Possibly, with 365 days. No because 365 not possible and reckless mens rea Assume yes even with less than 365 days Possibly. Avoid since the gov’t charges as CMT, but imm counsel have good defenses. Yes Probably not because DV should be against people, not property, but try to keep dom relationship out of record. Probably not because DV should be agst people not property, but try to keep dom relationship out of record. Yes DV if dom relationship. Yes deportable firearms grnd if used explosive device. Try to plead to recklessness or keep record vague between intent and reckless. Try to leave record vague as to owner of property. Arizona Criminal Chart with Explanatory Endnote – August 2012 5
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project, Maricopa County Public Defender August 2012 OFFENSE 38. § 1704 Arson of Occupied Structure 39. § 1705 Arson of jail or prison 40. § 1706 Burning of wildlands 41. § 1802 Theft 42. § 1803 Joyriding 43. § 1804 Theft by Extortion 44. § 1805 Shoplifting 45. § 1807 Issuing Bad Checks AGG. FELONY Assume yes even with less than 365 days. Assume yes even with less than 365 days. Assume yes even with less than 365 days if pleads to “intentionally” Try to avoid 365 days, but If that is not possible, see Advice. Avoid conviction of A3 if $10k loss to victim . Avoid 365 days where possible, but not AF “theft” as long as record does not show intent to deprive temporarily or permanently. Probably if sentence of 365 though imm. counsel have arguments to contrary. Yes if 365 days. Possibly if more than $10,000 loss to victim CRIME INVOLVING MORAL TURPITUDE Yes. DOMESTIC VIOLENCE, DRUGS, FIREARMS, OTHER Yes DV if dom relationship. Yes deportable firearms grnd if used explosive device. ADVICE Dangerous plea. Yes. Yes, if explosive used. Dangerous plea. Probably, unless mens rea of recklessness or negligence. Divisible. A3, A5 and A6 may be CMT. No CMT if record leaves possibility of plea to A1, A2, A4 without intent to permanently deprive. No. No Good alternative to arson if can plead to reckless or negligence; otherwise, may be better off with § 13- 1703. To avoid theft AF even if sentence is 1 yr or more: Plead to A2, A3 or A6 with record vague as to theft of services, or to A2 or A4 where record does not establish intent to deprive the owner temporarily or permanently. To avoid fraud AF even with $10k loss, plead to subsection other than A3. No No Safer plea. See United States v. Perez-Corona, 295 F.3d 996 (9th Cir. 2002) (13-1803 not AF even with 1 yr sentence b/c no intent to deprive). Probably, although A5, A6, and A7 leave imm. counsel arguments. Yes if record shows intent to deprive permanently May be divisible: it is not known whether fraud is essential element. If record establishes fraud, CMT. No. No No May be good alternate plea with vague record. To avoid ag fel, plead to obtaining “services” or leave record vague as to property or services. See Theft, § 13-1802. See endnote re proof of intent by concealment. If $10k loss, theft is a safer plea. If court finds this offense involves “deceit” it will be an agg felony with $10k loss to victim. Arizona Criminal Chart with Explanatory Endnote – August 2012 6
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