quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
OFFENSE
46. § 1814
Theft of
Transport
47. §§ 1902
- 1904
Robbery;
Agg and
Armed
Robbery
48. § 2002
Forgery
49. § 2003
Possession
of Forgery
Device
50. § 2004
Criminal
simulation
AGG.
FELONY
Try to avoid 365
days, but if that is
not possible, see
Advice.
Avoid conviction
of A3 if $10k loss
to victim .
Yes if 365 days
or more imposed.
Probably, if 365
days or $10k or
more loss to
victim/s
CRIME
INVOLVING
MORAL
TURPITUDE
Divisible. A1,
A3, A5 are
CMT. No CMT
if record leaves
possibility of
plea to A2, A4
without intent
to permanently
deprive.
Yes.
DOMESTIC
VIOLENCE,
DRUGS, FIREARMS,
OTHER
No
DV conviction if record
shows V has domestic
relationship.
§ 13-1904 deportable
firearms offense if
record establishes gun
or explosive
ADVICE
To avoid theft AF even if
sentence is 1 yr or more:
Plead 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, don’t let
record establish plea to A3.
Plead to a safe Theft
subsection.
If weapon is involved, do
not ID on the record as gun
or explosive.
Yes No To avoid AF, try for A3 and
plead to real document with
false info; also consider
Theft, ARS 1802; Taking
Other’s ID, ARS 13-2008.
See forgery See forgery No. See forgery
Yes if loss of
$10k or more to
victim/s.
Yes No. Consider Theft, ARS 1802;
Taking Other’s ID, ARS 13-
2008.
51. § 2006
Criminal
Impersonation
52. § 2008
Taking
identity of
another
person
53. § 2319
Smuggling
54. § 2405
Compounding
55. § 2407
Tampering
w/ a Public
Record
56. § 2408
Securing
Proceeds
Yes if loss of
$10k or more to
victim/s.
365 days may be
OK with vague
record.
Danger that $10k
loss to victim is
AF deceit
Yes, unless
person smuggled
is self, spouse,
child, or parent
Possibly, with
sentence of 365
Yes, if loss of
$10k or 365 days
No.
Probably, but
may be
divisible; plead
to A3 or leave
subsection
vague
Maybe not with
very vague
record.
Yes.
No, although
ICE may
charge it
Divisible, try to
plead to intent
to deceive,
rather than
defraud
Probably not,
although ICE
may charge it.
No. Consider Theft, ARS 1802;
Taking Other’s ID, ARS 13-
2008.
No.
Yes, as a ground of
deportability and
inadmissibility.
No.
No.
No.
While Theft is more secure,
this may work to prevent
CMT, AF as theft. Still a
danger with $10k loss to
victim.
Try to avoid, but if person
smuggled is self, spouse,
parent, or child, include this
in plea.
Good alternative to drug
offense and other
dangerous pleas
If possible, plead to intent
to deceive, rather than
defraud.
Good alternate plea.
Arizona Criminal Chart with Explanatory Endnote – August 2012
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