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Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project, Maricopa County Public Defender August 2012 OFFENSE 1. § 1001 Attempt 2. § 1002 Solicitation 3. § 1003 Conspiracy 4. §1004 Facilitation 5. § 1102 Negligent homicide 6. § 1103 Manslaughter 7. § 1104 Murder 2 nd Degree 8. § 1105 Murder 1st Degree AGG. FELONY Yes if underlying crime is AF No if drug offense, but yes if crime of violence; others are uncertain. This rule only applies in 9 th Cir. Yes if underlying crime is AF Yes if underlying crime is AF Not AF under current law because not crime of violence Divisible. A1, A4, and arguably A5 are not CRIME INVOLVING MORAL TURPITUDE Yes if underlying crime is CMT Yes if underlying crime is CMT, but may be arguments in inadmissibility (see “Advice”). Solic. to Poss. for Sale is CMT Yes if underlying crime is CMT Yes if underlying crime is CMT (but see Advice) No Yes, although A4 and A5 are arguably not DOMESTIC VIOLENCE, DRUGS, FIREARMS, OTHER Yes if underlying offense is. Exception: might avoid deportability for stalking and crime of child abuse, neglect or abandonment. See Note: Dom Violence No, except offer to sell gun may be deportable firearms offense. Deportable and inadmissible for controlled substance and firearms offenses; may give imm attorneys argument in DV offense Assume yes conservatively if underlying offense is. Could be child abuse, neglect if ROC shows victim is child. Not DV because not crime of violence DV if victim had dom relationship though arguably not if plea is to A1, A4, A5 or if plea is vague as to subsection Yes Yes DV if victim had dom relationship Yes Yes DV if victim had dom relationship ADVICE Because attempt carries a shorter maximum sentence, an attempt plea to a class 6 felony that is a CMT may give benefit. See Note: Safer Pleas. Good alternate plea to avoid agg felony (except for COV), especially for drug offenses. Also reduces potential sentence which may aid for CMT. Some legislative threat; see Note: Safer Plea. Consider solicitation instead. See Note: Safer Pleas. Reduced sentence may help CMT. See Note: Safer Pleas. Keep victim’s age (if minor) out of record of conviction. To avoid agg fel, try for A1; to avoid CMT, try for A4 See manslaughter See manslaughter 9. § 1201 Endangerment No. Maybe, if record shows serious physical injury Deportable for child abuse if the record shows victim was a minor Good alternate to other charges, such as aggravated assault, misconduct w/ a weapon. Keep age of victim out of the record. Arizona Criminal Chart with Explanatory Endnote – August 2012 1
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project, Maricopa County Public Defender August 2012 OFFENSE 10. § 1202 Threatening /Intimidating 11. § 1203 (A)(1) Simple Assault 1203(A)(2) 1203(A)(3) 12. § 1204 Aggravated Assault 13. § 1205 Unlawful administer drug/ alcohol AGG. FELONY Maybe if 1-yr sentence; no if property damage not caused by force Only if a sentence of a year (see 13- 1204). Plus under current law, recklessly causing injury or offensive touch is not a COV. Yes if 1-yr sentence is imposed. An insulting touching only an AF as COV if offense is a felony, a 1-yr sentence imposed, and situation likely to result in use of force. See 13- 1204. Divisible: if 1-yr or more imposed, and if record shows substantial risk force may be used, may be AF as COV. Not as drug. Because possibly DHS would charge as a COV, obtain 364 or less. CRIME INVOLVING MORAL TURPITUDE Divisible: A1 and A2 probably are not CMTs No, except immigration will charge as CMT if class 1 misd and there is 13-3601. See 1203(A)(1) No, except possibly with intent to injure. Keep record vague as to insult/provoke. Assume yes, but imm attys at least can argue A2 and A8 are not . Yes. DOMESTIC VIOLENCE, DRUGS, FIREARMS, OTHER A1 and A3 may be DV offenses if ROC shows victim had domestic relationship. Could also be charged as deportable child abuse if 3601 referenced and victim was a child. Can be deportable for DV, avoid by dropping 13-3601 tag and keeping domestic relation out of record, pleading to class 2 and/or leaving open possibility of A3, insulting but not violent touching. Could also be charged as deportable child abuse if record shows V is a minor. Yes if dom relationship is in record. If so, leave record open to A3, A1. Could also be charged as deportable child abuse if record shows V is a minor. Dangerous to have dom relationship on record, but may escape if record leaves open mere intent to insult/provoke. See Note: Dom Violence. Could also be charged as deportable child abuse if record shows V is a minor. Assume deportable under DV grnd, if record shows intent and dom relationship; assume deportable under firearms grnd, if elements involve weapon (e.g. A2). Deportable for child abuse for A6, with possible exception if assault was 1203A3 Drug conviction only if CS ID’d on the record. Leave record vague between drugs and alcohol. ADVICE Avoid 1-yr sentence, keep ROC open to possibility of undefined violation of A2. To avoid COV, leave record open to reckless causation. See Note: COV. Or leave record open to A3, no more than “insulting touching.” To avoid AF as a COV, get a 364 or less. To avoid CMT and DV grounds, keep domestic relation out of record of conviction, plead to class 2, and/or leave open A3 possibility.. See Note: Safer Pleas See 1203(A)(1). Where possible obtain 364 or less in agg offense. Leave record vague that mere offensive touching occurred. See Note: Safer Pleas/ Violence. To avoid AF, leave vague or plead specifically to recklessness and/or get 364 or less. Substitute plea Endangerment (see notes supra and infra) or simple assault. But with vague record of conviction, this may be a charge on which defendant can take 365. See Endnote. Might avoid removal under drug ground.. Arizona Criminal Chart with Explanatory Endnote – August 2012 2
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