How To Determine if a Crime Involves Moral Turpitude

How To Determine if a Crime Involves Moral Turpitude

Trying to figure out if a crime involves “moral turpitude” can be really confusing. Like, what does that even mean, right? Basically, moral turpitude refers to conduct that is considered contrary to community standards of justice, honesty, or good morals. Crimes involving moral turpitude are generally seen as more serious and can impact a person’s immigration status or professional licensing.

So how do you actually determine if a specific crime involves moral turpitude? Here’s a quick rundown of what to look for and how to make that call:

What is Moral Turpitude?

Moral turpitude is a legal concept that refers to criminal behavior that is considered contrary to the accepted moral standards of the community. According to some Reddit comments, crimes involving moral turpitude often include:

• Fraud
• Larceny / Theft
• Sex crimes
• Assault / Battery
• Murder
• Voluntary manslaughter
• Kidnapping
• Some drug offenses

So basically, moral turpitude refers to crimes that involve some element of intentional dishonesty, physical harm, or depraved behavior that shocks the public conscience. The key is that the crime has to show a “readiness to do evil” – meaning the person knew what they were doing was wrong but did it anyway.

Why Does it Matter?

Figuring out if a crime involves moral turpitude is important because it can impact a person’s immigration status or ability to get/keep professional licenses. Like, if someone isn’t a US citizen, they could possibly face deportation or have trouble becoming a permanent resident if they commit a crime involving moral turpitude. And for licensed professionals like doctors, lawyers, contractors etc., a conviction for a crime showing moral turpitude could mean losing their license.

How to Determine if a Crime Involves Moral Turpitude

There’s no one simple way to determine if a specific crime involves moral turpitude. You kind of have to look at the details of each case. But here are some things to think about:

1. Look at court rulings – Check if there are any laws or court cases that establish if that particular crime involves moral turpitude. Like is there legal precedent you can reference?
2. Examine the details – Go beyond just the name of the charge. Look at the specific details and circumstances to understand what happened.
3. Consider intent and mental state – Crimes involving intentional dishonesty, violence, or depravity are more likely to be seen as involving moral turpitude. Accidental crimes or low-level offenses may not meet the bar.
4. Understand differences in severity – For example, misdemeanor assault may be viewed differently than felony assault with a deadly weapon when it comes to moral turpitude.
5. Talk to an attorney – Discuss your case specifics with a criminal defense lawyer who can provide guidance on if it could be considered a crime involving moral turpitude given the details and relevant laws.

This table gives some examples of crimes that are more or less likely to be considered as involving moral turpitude. But again, the details of each specific case are important.

What About Aggravating or Mitigating Factors?

When deciding if a crime involves moral turpitude, courts will also often consider any aggravating or mitigating circumstances.

Like for example, committing fraud against a disabled or elderly victim could be seen as more morally corrupt. On the other hand, committing a crime due to coercion or duress could potentially be a mitigating factor.

So it’s not always just about the name of the crime itself. The judge will look at all details of the case to determine if it meets the bar for moral turpitude.

Getting Legal Help

Trying to determine if a specific crime involves moral turpitude can definitely be confusing AF. Like there’s a lot of grey area and no totally clear cut rules. If you’re dealing with a criminal charge and need help understanding how it could impact your immigration status or professional licensing, talk to an experienced criminal defense attorney.

They can review the details of your case, provide guidance on if it could be considered a crime of moral turpitude, and build the strongest defense to protect your rights. Check out FindLaw or Avvo to connect with qualified lawyers in your state.

Trying to navigate the court system alone can be super intimidating and confusing. Having an experienced attorney in your corner makes a huge difference. They can walk you through the process step-by-step to give you the best chance at a successful case outcome.

The Takeaway on Moral Turpitude

So in summary, here are some key things to remember about moral turpitude:

• It refers to criminal behavior seen as violating community moral standards
• Convictions can impact immigration status or professional licensing
• Look at details of the case, intent, and aggravating/mitigating factors
• Violent felonies and intentional fraud are more likely to qualify
• Talk to a criminal defense lawyer for guidance on your specific case

Figuring out if a crime involves moral turpitude can be tricky. If you’re facing criminal charges, don’t go it alone. Connect with an experienced attorney to protect your rights and build an effective defense.

Resources

Related Videos:

• What is Moral Turpitude in Immigration Law?
• Crimes Involving Moral Turpitude | Criminal Defense Lawyer Explains

Articles for Further Reading:

• What’s a “Crime Involving Moral Turpitude” According to U.S. Immigration Law?
• What Is a Crime Involving Moral Turpitude?