If you have been arrested and charged with shoplifting and you are not a United States citizen, your immigration status may be in jeopardy and an in-depth defense is crucial. Even though shoplifting is generally charged as a misdemeanor if it is your first time, it can still have severe immigration consequences. An Arizona shoplifting conviction is often viewed by the immigration system as a crime involving moral turpitude (CIMT). A CIMT can have significant consequences for your immigration status, as it can cause you to become inadmissible or deportable from the United States.
Although there are certain exceptions for immigration, such as a “petty offense exception”, it is generally only available in certain circumstances and will depend on the sentence and criminal history. There are certain waivers that may be available as an individual trying to obtain legal status or as a lawful permanent resident hoping to remain in the United States. Given that a shoplifting conviction is a CIMT, it can also create a temporary bar to establishing good moral character, which is a requirement to apply for naturalization. Additionally, a CIMT can make those placed into removal proceedings ineligible to seek certain types of relief before the immigration judge. Whether or not you qualify for this limited exception, requires an in depth analysis with attorney Vianey K. Hurtado.
At Vianey K. Hurtado Law, we advocate for you through our real experiences. We provide our clients with a knowledgeable, compassionate attorney. They will create a thorough strategy to fight your case. Our team serves the areas of Phoenix and Yuma.
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The charges for a shoplifting case range anywhere from a Class 1 Misdemeanor to a Class 6 Felony. For immigrants, the risk of deportation increases if the crime is a felony or a crime of moral turpitude.
A crime of moral turpitude involves a crime that shocks the public. It goes against the accepted rules of moral society.
The following criteria categorizes Arizona shoplifting charges:
Class 1 Misdemeanor:
Class 4 Felony:
Class 5 Felony:
Class 6 Felony:
Penalties for these crimes are different when dealing with the complexities of immigration.
A shoplifting conviction can affect your immigration status. It can do so regardless of whether you already have a green card in the US. or you are seeking to obtain legal status.
Depending on the case decision, you can risk deportation or inadmissibility (not allowed to come back to the U.S.). Having an experienced attorney can help you create the right defense to avoid this.
If your charge is a misdemeanor or a felony, we have a few options to minimize immigration consequences. These include:
The circumstances change if your case falls under an aggravated felony. Section 1101(a)(43) of the Immigration and Nationality Act defines this as a theft involving dangerous weapons or injured parties. Often times, the charge must also result in at least one year of imprisonment to fall under aggravated.
Aggravated felonies almost always result in deportation and the inability to apply for relief before an immigration judge. However, each case is different and the legal analysis is often fact specific. As such, a careful evaluation of the facts of your case and a full understanding of your immigration status, will determine the best defense and strategy to take in your case.
At Vianey K. Hurtado Law, our team is willing to do everything possible to fight for you. We provide an experienced attorney and serve the areas of Phoenix and Yuma. Your attorney will create a relevant strategy to achieve the best outcome for your case.
If you need a shoplifting immigration attorney in Arizona, contact us today. We will provide you with a thorough case evaluation.
