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
68. §
2907.01
False
Statement
to a Police
Officer
69. § 2908
Criminal
Nuisance
70. § 2916
Use of
Telephone
to Annoy
71. § 2921A
Harassment
72.
§2921.01
Agg.
Harrass
73. § 2923
Stalking
AGG.
FELONY
Not an agg
felony
No.
No.
No.
Maybe, avoid
365 or more. If
not possible,
leave open
possibility plea
was to A2.
Yes with 365
days or more
CRIME
INVOLVING
MORAL
TURPITUDE
Maybe not
because no
requirement of
materiality
No, except
conceivably if
unlawful
conduct is
CMT
No, if record of
conviction
vague or only
mild conduct
Probably not;
no intent to
harm
A1 is CMT but
A2 may not be.
DOMESTIC
VIOLENCE,
DRUGS, FIREARMS,
OTHER
No.
No. This could be a
substitute plea for
charges relating to use
of drugs, firearms,
unlawful sex, etc.
Not a DV or stalking
offense, if record of
conviction is vague or
shows only mild
conduct
May be charged as DV
“stalking” offense if 13-
3601. Better than
2921.01, but still a
danger.
DV. Assume yes, but
leave open possibility
that plea was to A2,
which might prevent
this. A1 is DV.
ADVICE
Good substitute plea for
DV, drug, stat rape with
older teen; see endnote.
If prosecution is willing to
accept this misdemeanor,
this is an excellent plea for
immigration purposes.
Good alternative to
harassment, stalking
To avoid deportable
“stalking” offense, plead to
§2916 Use of Telephone to
Annoy. §2921A might not
cause deportability with
vague, or minor, factual
record.
To try to avoid AF even with
1-yr or more, leave open
possibility plea was to A2.
Keep facts vague in record.
For alternatives, see safer
pleas in notes.
Yes DV: Yes See harassment, assault.,
endangerment
74.§ 3102
Weapons
Misconduct
75. § 3107
Unlawful
Discharge
of a Firearm
76. § 3214
Prostitution
77. § 3405
Marijuana
Offenses
Divisible. Crimes
of Violence with
a 1-year
sentence; felon
in poss firearm;
undocumented
immigrant in
poss firearm are
agg felonies.
Divisible, e.g.
simple poss of
weapon is not
a CMT.
To avoid deportable
firearms offense, don’t
ID weapon as gun,
explosive.
Divisible for DV ground
No No Yes, firearms
No
Probably.
Soliciting
Prostitute also
CIMT.
Inadmissible under
prostitution ground but
divisible
Divisible. Divisible Deportable and
inadmissible for drug
conviction; divisible for
reason to believe
trafficking
See endnotes of
subsections.
Plead to conduct other than
sexual intercourse or leave
vague.
See endnote of subsections
and Note: Controlled
Substances.
Arizona Criminal Chart with Explanatory Endnote – August 2012
9