Avoiding Deportation After a NYC Misdemeanor Shoplifting Conviction

Avoiding Deportation After a NYC Misdemeanor Shoplifting Conviction

Getting caught shoplifitng in NYC can be scary, especially if you’re not a citizen. A misdemeanor conviction can lead to deportation if you’re not careful. But there are ways to avoid deportation even after a conviction. This article will explain how.

The Law

Shoplifting under $1000 in value is a class A misdemeanor in New York called Petit Larceny[1]. It carries up to 1 year in jail[2]. Any theft crime involving moral turpitude is deportable[3]. So a shoplifting conviction makes you deportable.

But there are defenses. For example, if you can show you didn’t intend to steal, it may not be moral turpitude[4]. Or if the amount is small and you pay it back, you may avoid deportation[5].

Tips to Avoid Deportation

Here are some tips to avoid deportation if charged with shoplifting:

• Hire an immigration lawyer – they can help defend against deportation
• Hire a criminal lawyer – they can help get charges reduced or dismissed
• Don’t plead guilty without talking to lawyers! Pleading guilty can lead to automatic deportation
• Argue you didn’t intend to steal – this can avoid moral turpitude
• Pay back the store and ask for forgiveness – makes it less likely they’ll report you
• Get the charges dropped by completing community service or rehabilitation
• Accept a plea bargain for a non-deportable offense like disorderly conduct
• Apply for cancellation of removal if ordered deported – show hardship to family

Fighting Moral Turpitude

A key defense is arguing the theft was not moral turpitude. For example, in Matter of D-, a woman put jewelry in her purse but walked around the store, and claimed she intended to pay. The court said this was not moral turpitude because she lacked intent to deprive the owner.

So if you can show you intended to pay, like you forgot an item under your cart, you may avoid deportation. An experienced lawyer can argue this for you.

Proving Hardship

If ordered deported, you can still fight it. You can apply for “cancellation of removal” and argue deporting you would cause “exceptional and extremely unusual hardship” to your spouse, parent, or child who is a U.S. citizen or permanent resident.

For example, in Matter of Recinas, a single mother of six children was granted cancellation because deporting her would have caused her children hardship.

So focus on how deportation would hurt your family, not just yourself. This is a high standard but may stop deportation if you have strong family ties.

Conclusion

A shoplifting conviction can lead to deportation, but is not automatic. With the right lawyers and defenses, you can avoid moral turpitude charges and show hardship to family. Don’t plead guilty without advice, and be ready to fight for your right to stay.

References

[1] https://www.shautsova.com/m/law-publications/avoid-deportation-charged-shoplifting-innocent.html
[2] https://www.greghillassociates.com/immigration-consequences-of-a-conviction-for-shoplifting.html
[3] https://www.new-york-lawyers.org/reducing-the-sentence-in-a-new-york-theft-case.html
[4] https://www.newyorktheftandlarcenylawyers.com/theft-by-misdemeanor-shoplift.html
[5] https://www.newyorktheftandlarcenylawyers.com/theft-crimes-sentencing-guidelines.html
Matter of D-, 1 I&N Dec. 143 (BIA 1941)
8 U.S.C. § 1229b(b)(1)
Matter of Recinas, 23 I&N Dec. 467 (BIA 2002)