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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
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project, Maricopa County Public Defender August 2012 OFFENSE 78. §§ 3407, 3408 Dangerous & Narcotic Drug Offenses 79. § 3415 Drug Parapherna lia 80. § 3623 Child or Vulnerable Adult Abuse 81. § 3705 Unlawful Copying or Sale AGG. FELONY CRIME INVOLVING MORAL TURPITUDE DOMESTIC VIOLENCE, DRUGS, FIREARMS, OTHER Divisible Divisible See marijuana, except note exceptions for poss., use of 30 grams or less mj or hashish; see Note: Controlled Substances ADVICE See endnote of subsections and Note: Controlled Substances. No No Controlled substance NOT A SAFE PLEA; will have severe consequences and cause both deportability and inadmissibility; if possible, try to show that it related to 30 grams or less of mj Possibly, with an intentional mens rea and a sentence of 365 Possibly, with a sentence of 365 days or more Divisible. Deportable as child abuse if record specifies child rather than vulnerable adult. Try to avoid reference to actual harm to child. Probably. No. To have the best chance of avoiding a CMT or agg. felony, plead to A1, A2, or A6 OTHER OFFENSES 82. Unlawful flight A.R.S. § 28- 28- 622.01 AGGRAVAT ED FELONY No. CRIME INVOLVING MORAL TURPITUDE Possibly if docs show disregard for lives of others. OTHER DEPORTABLE, INADMISSIBLE GROUNDS No. 83. DUI 28-1381 No No No 84. Extreme 28-1382 No No No DUI 85. Aggravated DUI 28- 1383A1 See DUI No 28- 1383A2 28- 1383A3 28- 1383A4 Divisible between Driving and Actual Physical Control and knew and should have known of license suspension No No No No * Probably Not Potentially removable as child abuse under domestic violence ground ADVICE Potentially a safe plea. A plea to straight Actual Physical Control is best, but Driving/Actual Physical Control leaves arguments, plea to “should have known” license was suspended is better Plead to endangerment 13-1201 with no mention of age of victim No. Maybe No Try for plea to A2 instead Arizona Criminal Chart with Explanatory Endnote – August 2012 10
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