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QUICK REFERENCE CHARTAND ANNOTATIONSFOR DETERMININGIMMIGRATION CONSEQUENCES OFSELECTED ARIZONA OFFENSESImmigrant Legal Resource CenterFlorence Immigrant and Refugee Rights ProjectMaricopa County Office of the Public DefenderPrincipal authors are Katherine Brady, Holly Cooper, Kara Hartzler, Beth Houck,Angie Junck, and Ryan Moorei
IntroductionNote to Immigration Attorneys: Using the Chart. This chart was written for criminal defensecounsel, not immigration counsel. It represents a fairly conservative view of the law, meant toguide criminal defense counsel away from potentially dangerous options and toward safer ones.Thus immigration counsel should not rely on the chart in deciding whether to pursue defenseagainst removal. An offense may be listed as an aggravated felony or other adverse categoryhere even if there are strong arguments to the contrary that might prevail in immigrationproceedings. For a more detailed analysis of Ninth Circuit law, see cited sections of DefendingImmigrants in the Ninth Circuit (www.ilrc.org, 2009) and other works in Note “Resources.”The Chart can provide guidance as to the risk of filing an affirmative application for a noncitizen with a criminal record. The Notes are concise and basic summaries of several key topics.1. Using the Chart and Notes. The Chart analyzes adverse immigration consequences thatflow from conviction of selected Arizona offenses and suggests how to avoid the consequences.Endnote annotations discuss each offense in greater detail. The Chart appears organizednumerically by code section.Several short articles or “Notes” provide more explanation of selected topics. These includeNotes that explain the Chart’s immigration categories, such as aggravated felonies and crimesinvolving moral turpitude, as well as those that discuss certain kinds of offenses, such asdomestic violence or controlled substances.2. Sending comments about the Chart. Contact us if you disagree with an analysis, see arelevant new case, want to suggest other offenses to be analyzed or to propose other alternate“safer” pleas, or want to say how the chart works for you or how it could be improved. Sendemail to AZchart@ilrc.org. This address will not answer legal questions. For consultations,seeinformation about obtaining legal consults on cases “contract services” at www.ilrc.org.3. Need for Individual Analysis. This Chart and Notes are a summary of a complex body oflaw, to be consulted on-line or printed out and carried to courtrooms and client meetings forquick reference. However, more thorough individual analysis of a defendant’s immigrationsituation is needed to give competent defense advice. For example, the defense goals forrepresenting a permanent resident are different from those for an undocumented person, andanalysis also changes depending upon past convictions and what type of immigration relief ispotentially available. See Note “Establishing Defense Goals.” The Chart and Notes are bestused in conjunction with resource works such as Brady, Defending Immigrants in the NinthCircuit (citations to specific sections are included throughout these materials) or Tooby,Criminal Defense of Immigrants, and/or along with consultation with an immigration expert.See Note “Resources.”Ideally each noncitizen defendant should complete a form such as the one found at Note“Immigrant Client Questionnaire,” which captures the information needed to make animmigration analysis and is a diagnostic aid. Some offices print these forms on colored paper, soii
that defenders can immediately identify the file as involving a noncitizen client and have theclient data needed to begin the immigration analysis.4. Disclaimer, Additional Resources. While federal courts have specifically affirmed theimmigration consequences listed for some of these offenses, in other cases the chart representsonly the authors’ opinion as to how courts are likely to rule. In addition there is the constantthreat that Congress will amend the immigration laws and apply the change retroactively to pastconvictions. Defenders and noncitizen defendants need to be aware that the immigrationconsequences of crimes is a complex, unpredictable and constantly changing area of law wherethere are few guarantees. Defender offices should check accuracy of pleas and obtain up-to-dateinformation. See books, websites, and services discussed in Note “Resources.” But using thisguide and other works cited in the “Resources” Note will help defenders to give noncitizendefendants a greater chance to preserve or obtain lawful status in the United States – for manydefendants, a goal as or more important than avoiding criminal penalties.AcknowledgementsThe Chart began with the impressive efforts of Ryan Moore, now with the Federal Defender’sOffice of Arizona, when he was a law student at the University of Arizona. Since that timeKatherine Brady and Angie Junck of the Immigrant Legal Resource Center (San Francisco);Holly Cooper of the Florence Immigrant and Refugee Rights Project (Florence), now teaching atthe University of California Davis School of Law (Davis, CA); and Beth Houck of MaricopaCounty Office of the Public Defender (Phoenix) have been the primary authors. In 2008, 2010,and 2012, Kara Hartzler of the Arizona Defending Immigrants Partnership revised and expandedthe Chart. The ILRC and FIRRP are grateful to our colleagues in the national DefendingImmigrants Partnership and to the Gideon Project of the Open Society Foundation for fundingthe national project, and providing support to the Arizona project in 2011-2012.Copyright 2012 Immigrant Legal Resource Center and Florence Immigrant and Refugee RightsProject. Permission to reproduce is granted to criminal and immigration defense attorneys andadvocates only. If you use these materials in a training, please notify AZchart@ilrc.org, for ourreporting purposes.iii
AggravatedFelonyAggravated Felony, defined at 8 U.S.C. § 1101(a)(43)(A)-(U). The aggravated felonydefinition includes twenty-one provisions that describe hundreds of offenses, which neednot be aggravated or felonious. Aggravated felons under immigration law are ineligible toapply for most forms of discretionary relief from deportation including asylum, voluntarydeparture, and cancellation of removal. Conviction of an aggravated felony triggersmandatory detention without bond pending deportation. A conviction for illegal reentryafter deportation or removal, in violation of 8 U.S.C. § 1326, will carry a significantlyhigher federal prison term if the defendant was previously convicted of an aggravatedfelony. See 8 U.S.C. § 1326(b)(2). See Note: Aggravated FelonyCMTCrime Involving Moral Turpitude (CMT). A crime involves moral turpitude if itinvolves fraud, or it comes within a vague definition of involving evil intent or deviatingfrom accepted rules of contemporary morality. Here, moral turpitude is defined accordingto federal immigration case law, and not, e.g., state cases on witness credibility ordisbarment. For CMT determinations, see comments on individual offenses in this chart.A noncitizen is deportable who (a) is convicted of two CMT’s, which are not part of a“single scheme of criminal misconduct,” at any time after being admitted to the U.S. or(b) is convicted of one CMT, committed within five years of admission to the U.S., thatcarries a potential sentence of at least one year. 8 USC § 1227(a)(2)(A)(ii) and (i). Anoncitizen is inadmissible if convicted of one CMT, unless he or she qualifies for thepetty theft or youthful offender exception. To qualify for the petty theft exception, theperson must have committed only one CMT, which has a potential sentence of not morethan a year, and a sentence of not more than six months must have been imposed. Toqualify for the youthful offender exception, the person must have committed only oneCMT. 8 USC § 1182(a)(2)(A)(ii)(II) and (I). See Note: CMT.DRUGControlled Substance offenses. A noncitizen is deportable and inadmissible if convictedof an offense “relating to a controlled substance (as defined in section 802 of Title 21).”There is an exception to the deportation ground, and a waiver of inadmissibility, forconviction of a single offense of possession or being under the influence of marijuana orhashish. To be deportable, the person must have been convicted after admission to theU.S. 8 USC § 1227(a)(2)(B)(i) (deportability), 8 USC § 1182(a)(2)(A)(i)(II), (h)(inadmissibility waiver). In many cases, the record of conviction must identify thespecific controlled substance involved in order for the crime to have immigrationconsequences. See Note: Controlled Substances and comments on individual offenses.DVCrimes of Domestic Violence, Stalking, Violation of Protection Order, Crime ofCHILDREN Child Abuse, Neglect or Abandonment. A noncitizen convicted of one of theseoffenses, or who is the subject of a court order finding certain types of violations of adomestic violence protective order, is deportable under 8 USC § 1227(a)(2)(E). A crimeof domestic violence is defined as a “crime of violence” against a current or formerspouse, cohabitant, person sharing a common child, or any other a person who isprotected from the defendant’s acts under the domestic or family violence law. See Note:Domestic Violence and individual offenses in this chart.FIREARMSFirearms offenses, A noncitizen is deportable under 8 U.S.C. § 1227(a)(2)(C) who at anytime after admission is convicted “under any law of purchasing, selling, offering for sale,exchanging, using, owning, possessing, or carrying, or of attempting or conspiring topurchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, oraccessory which is a firearm or destructive device .”. See Note: Firearms.iv
DIVISIBLESTATUTES,RECORDOFCONVICTIONOne of the most important defense strategies comes from understanding and controllingthe official “record of conviction” that will be considered by immigration authorities. Astatute is “divisible” if it criminalizes offenses that do and do not bring immigrationconsequences. For example, ARS § 13-3102 is divisible for purposes of the firearmsdeportation ground because it prohibits offenses relating to firearms as well as thoserelating to non-firearms weapons, such as knives. As discussed in annotations to thischart, many statutes are divisible in this way. In cases other than those involving CMT’s,or aggravated felonies for fraud or operating a prostitution business, a reviewing court orimmigration judge can examine only a strictly limited set of documents, often referred toas the “record of conviction” or “judicially noticeable documents,” to determine whetherthe offense of conviction causes immigration consequences. These documents include thecharging document, but only where there is proof that the defendant pled to the count ascharged; a written plea agreement; transcript of a plea colloquy; judgment; and anyexplicit factual finding by the trial judge to which the defendant assented. Thus, in theabove example, if these documents did not conclusively establish that the weapon was afirearm, the noncitizen will not be deportable under the firearm ground. Presentence andpolice reports are not part of the reviewable record of conviction, except in some caseswhere counsel stipulated that they provide a fractual basis for the offense. For thisreason, counsel must be very careful in providing a factual basis. See Note: DivisibleStatutes and Record of Conviction.v
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,Maricopa County Public Defender August es ifunderlyingcrime is CMTDOMESTICVIOLENCE,DRUGS, FIREARMS,OTHERYes if underlyingoffense is.Exception: might avoiddeportability for stalkingand crime of childabuse, neglect orabandonment. SeeNote: Dom ViolenceNo, except offer to sellgun may be deportablefirearms offense.ADVICE1. § 1001AttemptYes if underlyingcrime is AF2. § 1002SolicitationNo if drugoffense, but yesif crime ofviolence; othersare uncertain.This rule onlythapplies in 9 Cir.3. § 1003ConspiracyYes if underlyingcrime is AFDeportable andinadmissible forcontrolled substanceand firearms offenses;may give imm attorneysargument in DV offenseAssume yesconservatively ifunderlying offense is.Consider solicitationinstead.4. §1004FacilitationYes if underlyingcrime is AF5. § 1102NegligenthomicideNot AF undercurrent lawbecause notcrime of violenceCould be child abuse,neglect if ROC showsvictim is child. Not DVbecause not crime ofviolenceDV if victim had domrelationship thougharguably not if plea is toA1, A4, A5 or if plea isvague as to subsectionDV if victim had domrelationshipKeep victim’s age (if minor)out of record of conviction.6. § 1103ManslaughterDivisible. A1, A4,and arguably A5are notYes, althoughA4 and A5 arearguably not7. § 1104Murdernd2 DegreeYesYes8. § 1105Murder1st DegreeYesYesDV if victim had domrelationshipSee manslaughter9. § 1201EndangermentNo.Maybe, ifrecord showsseriousphysical injuryDeportable for childabuse if the recordshows victim was aminorGood alternate to othercharges, such asaggravated assault,misconduct w/ a weapon.Keep age of victim out ofthe record.Yes ifunderlyingcrime is CMT,but may bearguments ininadmissibility(see “Advice”).Solic. to Poss.for Sale isCMTYes ifunderlyingcrime is CMTYes ifunderlyingcrime is CMT(but seeAdvice)NoArizona Criminal Chart with Explanatory Endnote – August 20121Because attempt carries ashorter maximum sentence,an attempt plea to a class 6felony that is a CMT maygive benefit. See Note:Safer Pleas.Good alternate plea toavoid agg felony (except forCOV), especially for drugoffenses. Also reducespotential sentence whichmay aid for CMT. Somelegislative threat; see Note:Safer Plea.See Note: Safer Pleas.Reduced sentence mayhelp CMT. See Note: SaferPleas.To avoid agg fel, try for A1;to avoid CMT, try for A4See manslaughter
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,Maricopa County Public Defender August 2012OFFENSEAGG.FELONY10. § 1202Threatening/IntimidatingMaybe if 1-yrsentence; no ifproperty damagenot caused byforce11. § 1203(A)(1)SimpleAssaultOnly if asentence of ayear (see 131204). Plusunder currentlaw, recklesslycausing injury oroffensive touch isnot a COV.No, exceptimmigrationwill charge asCMT if class 1misd and thereis 13-3601.1203(A)(2)Yes if 1-yrsentence isimposed.See1203(A)(1)1203(A)(3)An insultingtouching only anAF as COV ifoffense is afelony, a 1-yrsentenceimposed, andsituation likely toresult in use offorce. See 131204.Divisible: if 1-yror more imposed,and if recordshowssubstantial riskforce may beused, may be AFas COV.No, exceptpossibly withintent to injure.Keep recordvague as toinsult/provoke.Not as drug.Because possiblyDHS wouldcharge as aCOV, obtain 364or less.Yes.12. § 1204AggravatedAssault13. § RALTURPITUDEDivisible: A1and A2probably arenot CMTsAssume yes,but imm attysat least canargue A2 andA8 are not .Arizona Criminal Chart with Explanatory Endnote – August 2012DOMESTICVIOLENCE,DRUGS, FIREARMS,OTHERA1 and A3 may be DVoffenses if ROC showsvictim had domesticrelationship. Could alsobe charged asdeportable child abuseif 3601 referenced andvictim was a child.Can be deportable forDV, avoid by dropping13-3601 tag andkeeping domesticrelation out of record,pleading to class 2and/or leaving openpossibility of A3,insulting but not violenttouching. Could also becharged as deportablechild abuse if recordshows V is a minor.Yes if dom relationshipis in record. If so, leaverecord open to A3, A1.Could also be chargedas deportable childabuse if record shows Vis a minor.Dangerous to have domrelationship on record,but may escape ifrecord leaves openmere intent toinsult/provoke. SeeNote: Dom Violence.Could also be chargedas deportable childabuse if record shows Vis a minor.Assume deportableunder DV grnd, if recordshows intent and domrelationship; assumedeportable underfirearms grnd, ifelements involveweapon (e.g. A2).Deportable for childabuse for A6, withpossible exception ifassault was 1203A3Drug conviction only ifCS ID’d on the record.Leave record vaguebetween drugs andalcohol.2ADVICEAvoid 1-yr sentence, keepROC open to possibility ofundefined violation of A2.To avoid COV, leave recordopen to reckless causation.See Note: COV. Or leaverecord open to A3, no morethan “insulting touching.”To avoid AF as a COV, geta 364 or less. To avoidCMT and DV grounds, keepdomestic relation out ofrecord of conviction, pleadto class 2, and/or leaveopen A3 possibility. SeeNote: Safer PleasSee 1203(A)(1).Where possible obtain 364or less in agg offense.Leave record vague thatmere offensive touchingoccurred. See Note: SaferPleas/ Violence.To avoid AF, leave vagueor plead specifically torecklessness and/or get364 or less. Substitute pleaEndangerment (see notessupra and infra) or simpleassault. But with vaguerecord of conviction, thismay be a charge on whichdefendant can take 365.See Endnote.Might avoid removal underdrug ground.
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,Maricopa County Public Defender August 2012OFFENSEAGG.FELONY14. § 1206Assault byprisoner/juvenile15. § 1209Drive-byshootingYes, if sentenceof 365 andrecord showsintentYes as COV if 1yr or moresentenceimposed.Yes as COV if 1yr or moresentenceimposed. Maynot be COV ifrecord leavesopen possibilitythat structure isowned bydefendant and isunoccupied.Maybe asobstruction ofjustice if violationof court orderand sentence of365Maybe COV iffelony and 1-yr ormore sentence.May not be COVif restraint bydeception orintimidation. Butleave recordclear of details.E.g., storeowneror officer makingan improperdetention mightuse legal“intimidation” butnot force.Probably as COVif 1-yr or moresentenceimposed; or ifransominvolved,regardless ofsentence.Yes with 365 asobstruction ofjusticeProbably not butICE may argue itis, try to keepminor’s age outof record)16. § 1211Dischargingfirearm at astructure17. § 1302CustodialInterference18. § 1303UnlawfulImprisonment19. § 1304Kidnapping20. § 1305AccessInterference21. § obably.DOMESTICVIOLENCE,DRUGS, FIREARMS,OTHERNo.ADVICEYesDeportable underfirearms ground, alsounder DV if recordshows dom relationshipDeportable underfirearms ground.To avoid AF, obtain 364 orless.Probably notsince no intentrequiredUnlikely, but perhaps as“child abuse.”Avoid reference to violationof a court order and 365Probably not,although someAZ judgeshave so held.At risk of DV deportableif 13-3601. If 13-3601,plead to misdo withrecord showing possiblerestraint by deception orother non-violent meansto give imm atty’s anargument. May also bedeportable as childabuse if victim was achild.Misdo unlawful imprisoneffected by deceit is arelatively good alternativeto a violent or sex offense.Felony restraint by deceiptmight be termed a crime ofviolence. See Note: SaferPleas/Violence. Leaverecord clear of details asmuch as possible.YesDV if record showsdomestic relationship.See misdo unlawfulimprisonment to perhapsavoid DV. Avoid 1-yrsentence to avoid aggfelony.ProbablyPossibly as DV childabuseProbably not(but to be sure,try to keepminor’s ageout of record)Conceivably deportablefor child abuse if V ischild; attempt to keepage out of recordPotentially a better pleathan kidnapping, dependingon length of sentence.Keep record clear ofegregious details, try toplead to language of thestatute. Safer plea:Disorderly Conduct.Probably aCMT, butpossible B isnot CMT soleave recordvague.Arizona Criminal Chart with Explanatory Endnote – August 20123Obtain 364 or less andplead to recklessness orintent to insult/provokeTo avoid AF, obtain 364 orless and/or show thatstructure not inhabited andis owned by defendant. Toattempt to avoid a CMT, tryto leave record vaguebetween A (residence) andB (non-residence).
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,Maricopa County Public Defender August 2012OFFENSEAGG.FELONY22. § 1403PublicSexualIndecencyNot AF as sexualabuse of a minoras long as recorddoes not showminor was awareof conduct, orlewd intenttoward minor.Yes, if 1-yr ormore imposed;If less than 1-yr,and againstminor, assumeag fel thoughimm counselhave argumentsagainst thisDivisible, maynot be ifconsensual andwith older minor.23. § 1404SexualAbuse24. § 1405SexualConductwith a MinorCRIMEINVOLVINGMORALTURPITUDENo, unlessvictim is aminor and isaware ofconductDOMESTICVIOLENCE,DRUGS, FIREARMS,OTHERPossibly deportable forchild abuse if recordshows V is child and isaware of conductADVICEAssume yes,though immcounsel haveargumentsagainst thisDV if victim hasdomestic relationshipand force is used; maybe child abuse thoughimm counsel havearguments against thisSee endnote. Safer plea:Assault.Possibly.Possibly for child abuse,and DV if victim hasdomestic relationshipAvoid references toemotional/physical harmand nonconsensual nature.Leave age of victim out ifpossible.To avoid CMT and ag fel,do not let record establish aminor victim was aware ofconduct. Keep record clearof egregious details orintent. Safer plea:Disorderly Conduct.25. § 1406SexualAssaultYes, in almost allcircumstances.YesDV if domesticrelationship; childabuse if childSee Note: Safer Pleas26.§1406.01SexualAssaultSpouse(Repealed)Yes, unlesscounsel obtains364 days or lessand record doesnot foreclosepossibility thatoffense was oralsex rather thanintercourseYes as SAMregardless ofsentenceimposedYes.Deportable under DVgroundSee assault, falseimprisonment, Note: SaferPleasYesYes as child abuse28. § 1424VoyeurismPossibly if victimwas a minor.Maybe.29. § 1502,1503CriminalTrespassndrd2 and 3degree30 § 1504CriminalstTrespas 1degreeNo, punishableas a misdoNo because nointent tocommit CMTUnlikely, but potentiallyas stalking or childabuse.NoAvoid AF by pleading toagg assault 13-1204A4;possibly avoid deportabilityas child abuse if linked to13-1203A3. See NoteSafer Pleas.Good alternative toStalking.Possibly, obtain364 or less onfelonyconvictions.Possibly ifintent tocommit theft;A1, A4, and A5may be evenw/o theft27. § 1410,1417 ChildMolestation,ContinuousabuseArizona Criminal Chart with Explanatory Endnote – August 2012Should not be DVbecause DV shdn’t beheld to apply toproperty, but try to avoidDV reference4A safer plea.To further avoid potentialproblems, plead to §131502, 1503; but with thepreceding conditions, thisshould be a safer plea.
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,Maricopa County Public Defender August ivisible; keeprecord free of“CMT burglary”– see AdviceDOMESTICVIOLENCE,DRUGS, FIREARMS,OTHERNo.ADVICE31. § 1505Possessionof BurglaryToolsNo32. § 1506rdBurglary 3degreeOnly if 365 days.If 365unavoidable, seeAdvice.Divisible.Keep recordopen to intentto commit anyfelony or theftor any felony”Can’t be DV even ifdom relationship is inthe record because it isnot a COV, as long asrecord leaves possibilityof car or commercialyard as burgled.Yes if 365 butimm counsel mayhave arguments.Yes if 365 daysand linked to 131507. If 365days andpossibly linked to13-1506 (seeAdvice), it mightbe that the merepresence ofweapon does notmake it COV.No.See 13-1506.Keep dom relationshipout of record to avoidDV deportable.Keep dom relationshipout of record to avoidDV deportable. May bedeportable on separateground if record refersto firearm or explosives.Burglary w/ 1-yr sentence isnot an AF if (a) was of a caror fenced commercial yard,and (b) involved intent tocommit undesignatedfelony or undesignatedtheft. Keep record vagueon these pointsTo avoid AF, get 364 daysor see §§ 13-1506, 1505.§1507ndBurglary 2Probably NotNo34. § 1603CriminalLittering orPolluting35. § 1604Agg.CriminalDamageNo.No.No.Possibly, with365 days.Possibly.36. § 1702RecklessburningNo because 365not possible andreckless mensrea37. § 1703Arson ofStructure orPropertyAssume yeseven with lessthan 365 daysAvoid since thegov’t chargesas CMT, butimm counselhave gooddefenses.YesProbably not becauseDV should be againstpeople, not property,but try to keep domrelationship out ofrecord.Probably not becauseDV should be agstpeople not property, buttry to keep domrelationship out ofrecord.Yes DV if domrelationship. Yesdeportable firearmsgrnd if used explosivedevice.§ 1508stBurglary 133. § 1602CriminalDamageSee 13-1506Arizona Criminal Chart with Explanatory Endnote – August 20125Keep record from showingintent to commit a CMT, i.e.not a burglary that involvesintent to commit theft, butrather “theft or any felony.”Get 364 or less to avoid AF.Good plea to avoidimmigration consequences,particularly if record isvague betweensubsections.Good alternate plea tocriminal damage if youmust avoid a CMT.Try to plead torecklessness or keeprecord vague betweenintent and reckless.Try to leave record vagueas to owner of property.
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,Maricopa County Public Defender August 2012OFFENSEAGG.FELONY38. § 1704Arson ofOccupiedStructureAssume yeseven with lessthan 365 days.39. § 1705Arson of jailor prison40. § 1706Burning ofwildlandsAssume yeseven with lessthan 365 days.Assume yeseven with lessthan 365 days ifpleads to“intentionally”Try to avoid 365days, but If thatis not possible,see Advice.41. § 1802TheftAvoid convictionof A3 if 10k lossto victim .42. § 1803Joyriding43. § 1804Theft byExtortion44. § 1805Shoplifting45. § 1807Issuing BadChecksAvoid 365 dayswhere possible,but not AF “theft”as long as recorddoes not showintent to deprivetemporarily orpermanently.Probably ifsentence of 365though imm.counsel havearguments tocontrary.Yes if 365 days.Possibly if morethan 10,000loss to ENCE,DRUGS, FIREARMS,OTHERYes DV if domrelationship. Yesdeportable firearmsgrnd if used explosivedevice.Yes, if explosive used.ADVICEProbably,unless mensrea ofrecklessnessor negligence.Divisible. A3,A5 and A6may be CMT.No CMT ifrecord leavespossibility ofplea to A1, A2,A4 withoutintent topermanentlydeprive.No.NoNoGood alternative to arson ifcan plead to reckless ornegligence; otherwise, maybe better off with § 131703.To avoid theft AF even ifsentence is 1 yr or more:Plead to A2, A3 or A6 withrecord vague as to theft ofservices, or to A2 or A4where record does notestablish intent to deprivethe owner temporarily orpermanently.To avoid fraud AF evenwith 10k loss, plead tosubsection other than A3.Safer plea. See UnitedStates v. Perez-Corona,295 F.3d 996 (9th Cir.2002) (13-1803 not AFeven with 1 yr sentence b/cno intent to deprive).Probably,although A5,A6, and A7leave imm.counselarguments.Yes if recordshows intent todeprivepermanentlyMay bedivisible: it isnot knownwhether fraudis essentialelement. Ifrecordestablishesfraud, CMT.No.Yes.Arizona Criminal Chart with Explanatory Endnote – August 2012NoNoNo6Dangerous plea.Dangerous plea.May be good alternate pleawith vague record. Toavoid ag fel, plead toobtaining “services” orleave record vague as toproperty or services.See Theft, § 13-1802. Seeendnote re proof of intentby concealment.If 10k loss, theft is a saferplea. If court finds thisoffense involves “deceit” itwill be an agg felony with 10k loss to victim.
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,Maricopa County Public Defender August 2012OFFENSEAGG.FELONY46. § 1814Theft ofTransportTry to avoid 365days, but if that isnot possible, seeAdvice.Avoid convictionof A3 if 10k lossto victim .CRIMEINVOLVINGMORALTURPITUDEDivisible. A1,A3, A5 areCMT. No CMTif record leavespossibility ofplea to A2, A4without intentto permanentlydeprive.Yes.DOMESTICVIOLENCE,DRUGS, FIREARMS,OTHERNoADVICETo avoid theft AF even ifsentence is 1 yr or more:Plead to A2 or A4 whererecord does not establishintent to deprive the ownertemporarily or permanently.To avoid fraud AF evenwith 10k loss, don’t letrecord establish plea to A3.Plead to a safe Theftsubsection.If weapon is involved, donot ID on the record as gunor explosive.47. §§ 1902- 1904Robbery;Agg andArmedRobberyYes if 365 daysor more imposed.48. § 2002ForgeryProbably, if 365days or 10k ormore loss tovictim/sYesDV conviction if recordshows V has domesticrelationship.§ 13-1904 deportablefirearms offense ifrecord establishes gunor explosiveNo49. § 2003Possessionof ForgeryDevice50. § 2004CriminalsimulationSee forgerySee forgeryNo.Yes if loss of 10k or more tovictim/s.YesNo.Consider Theft, ARS 1802;Taking Other’s ID, ARS 132008.51. § 2006CriminalImpersonationYes if loss of 10k or more tovictim/s.No.Consider Theft, ARS 1802;Taking Other’s ID, ARS 132008.52. § 2008Takingidentity ofanotherperson365 days may beOK with vaguerecord.Danger that 10kloss to victim isAF deceitProbably, butmay bedivisible; pleadto A3 or leavesubsectionvagueMaybe not withvery vaguerecord.No.While Theft is more secure,this may work to preventCMT, AF as theft. Still adanger with 10k loss tovictim.53. § 2319SmugglingYes, unlessperson smuggledis self, spouse,child, or parentPossibly, withsentence of 365Yes.Yes, as a ground ofdeportability andinadmissibility.No, althoughICE maycharge itDivisible, try toplead to intentto deceive,rather thandefraudProbably not,although ICEmay charge it.No.Try to avoid, but if personsmuggled is self, spouse,parent, or child, include thisin plea.Good alternative to drugoffense and otherdangerous pleasIf possible, plead to intentto deceive, rather thandefraud.54. § 2405Compounding55. § 2407Tamperingw/ a PublicRecord56. § 2408SecuringProceedsYes, if loss of 10k or 365 daysNo.Arizona Criminal Chart with Explanatory Endnote – August 2012No.No.7To avoid AF, try for A3 andplead to real document withfalse info; also considerTheft, ARS 1802; TakingOther’s ID, ARS 13-2008.See forgeryGood alternate plea.
Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,Maricopa County Public Defender August 2012OFFENSEAGG.FELONY57. §2502-3Escape inndrd2
consequences. For example, ARS § 13-3102 is divisible for purposes of the firearms deportation ground because it prohibits offenses relating to firearms as well as those relating to non-firearms weapons, such as knives. As discussed in annotations to this chart, many statutes are divisible in this way. In cases other than those involving CMT's,
