Crimes Involving Moral Turpitude in California

Crimes involving moral turpitude (often abbreviated as CIMTs) are criminal offenses that involve dishonesty, fraud, or conduct considered morally wrong under the law.

Under U.S. immigration law, a conviction for a crime involving moral turpitude can have serious consequences for non-citizens living in California.

Even when an offense is charged as a misdemeanor in state court, it may still be classified as a CIMT for immigration purposes.

These convictions can lead to deportation, denial of visas or green cards, and ineligibility for U.S. citizenship.

Given these potential consequences, understanding how crimes involving moral turpitude are prosecuted under California law is essential for non-citizens facing criminal charges.

Your best chance for a favorable outcome is to work with an experienced California criminal defense attorney at Esfandi Law Group. We're here to help—call us for a free consultation at (310) 274-6529 or reach out to us through our contact form.

What Is a Crime Involving Moral Turpitude?

A crime involving moral turpitude is generally defined as an offense that includes fraud, deceit, theft, or intent to harm others. Immigration courts often classify these crimes as violations of accepted standards of honesty or morality.

While immigration law does not provide a precise list of CIMTs, courts commonly evaluate whether the offense involves:

intent to defraud
dishonest conduct
theft or misappropriation of property
deliberate harm or violence
exploitation of others

If an offense includes one of these elements, it may be treated as a crime involving moral turpitude.

Immigration Consequences of Crimes Involving Moral Turpitude

A conviction for a crime involving moral turpitude can trigger serious immigration consequences.

These may include:

deportation (removal from the United States)
denial of immigration benefits
inadmissibility when applying for visas or green cards
denial of naturalization (U.S. citizenship)

In many cases, immigration consequences arise when:

a non-citizen is convicted of two CIMTs, or
the CIMT is committed within five years of entering the United States, or
the offense carries a potential sentence of one year or more

Because immigration consequences depend on both the offense and the sentence, plea negotiations are often critical for non-citizens.

Common Crimes Involving Moral Turpitude in California

Several criminal offenses frequently qualify as crimes involving moral turpitude under immigration law.

Theft – California Penal Code 484 PC

Theft crimes involve taking someone else's property without permission and with the intent to permanently deprive them of it. Because theft involves dishonesty, it is typically classified as a crime involving moral turpitude.

Examples include:

petty theft
shoplifting
grand theft

Even minor theft convictions may create immigration concerns.

Fraud – California Penal Code 532 PC

Fraud involves intentionally deceiving another person for financial gain. Fraud offenses almost always qualify as crimes involving moral turpitude because they involve dishonesty and intent to defraud.

Fraud cases may involve:

false pretenses
credit card fraud
insurance fraud
financial scams
immigration crimes

Identity Theft – California Penal Code 530.5 PC

Identity theft occurs when someone uses another person's identifying information without permission for financial gain or fraud. Because the offense involves deception and fraudulent intent, immigration authorities often classify identity theft as a CIMT.

Forgery – California Penal Code 470 PC

Forgery involves creating or altering documents with the intent to defraud someone. Examples include forging signatures on checks or falsifying financial documents. Because it involves fraudulent intent, forgery is typically considered a crime involving moral turpitude.

Receiving Stolen Property – California Penal Code 496 PC

Receiving stolen property involves knowingly buying or possessing property that was obtained through theft. Immigration courts often treat this offense as a CIMT because it involves dishonest conduct.

Welfare Fraud – California Welfare and Institutions Code 10980

Welfare fraud occurs when someone intentionally provides false information to obtain government benefits. Because the offense involves deception and financial fraud, it is often considered a crime involving moral turpitude.

Crimes That Are Usually NOT Considered Moral Turpitude

Not every criminal offense involves moral turpitude. Many offenses that lack fraudulent intent or dishonesty are generally not classified as CIMTs.

Examples may include:

simple assault
DUI without injury
traffic offenses
certain regulatory violations

However, the classification of a crime depends on the specific elements of the offense and the facts of the case.

Defending Against Crimes Involving Moral Turpitude

When a non-citizen faces charges that could be classified as a CIMT, defense strategies often focus on reducing immigration consequences.

Possible defense strategies may include:

negotiating immigration-safe plea agreements
reducing charges to non-CIMT offenses
limiting the potential sentence to avoid immigration triggers
challenging the prosecution's evidence
pursuing post-conviction relief if immigration consequences were not understood

Early legal guidance can significantly impact both the criminal case and immigration outcome.

Post-Conviction Relief for Immigration Consequences

If someone has already been convicted of a CIMT offense, they may still have options to challenge the conviction.

Motion to Vacate Conviction – Penal Code 1473.7

California Penal Code 1473.7 allows individuals to challenge a conviction if they did not understand the immigration consequences of their plea.

If successful, the conviction can be vacated and renegotiated.

Motion to Withdraw Plea – Penal Code 1018

Defendants may withdraw a guilty plea if they can demonstrate good cause, such as:

ineffective assistance of counsel
misunderstanding immigration consequences
language barriers during the plea process

Frequently Asked Questions

What is a crime involving moral turpitude?

A crime involving moral turpitude is an offense that involves dishonesty, fraud, theft, or conduct considered morally wrong under immigration law.

Can a misdemeanor be a crime involving moral turpitude?

Yes. Even misdemeanor offenses can be classified as crimes involving moral turpitude depending on the elements of the offense.

Do all theft crimes involve moral turpitude?

Most theft crimes are considered crimes involving moral turpitude because they involve dishonest intent.

Can a CIMT lead to deportation?

Yes. A CIMT conviction may lead to deportation, particularly if it occurs within five years of entry into the United States or if multiple CIMTs are involved.

Can a CIMT conviction be vacated?

In some cases, a conviction may be challenged through post-conviction relief procedures such as a motion under Penal Code 1473.7.

Why Non-Citizens Need Legal Advice When Facing CIMT Charges

When a criminal case involves a potential crime involving moral turpitude, both criminal and immigration consequences must be carefully considered.

An experienced criminal defense attorney can:

evaluate whether the charge may qualify as a CIMT
negotiate immigration-safe plea bargains
protect immigration status during criminal proceedings
pursue post-conviction relief when necessary

For non-citizens living in California, obtaining legal advice early in the case can help prevent long-term immigration consequences.

Esfandi Law Group is ready to assist you! Feel free to schedule your free consultation by calling us at (310) 274-6529 or simply fill out our contact form here. We're looking forward to hearing from you and helping you through your legal journey!

Moral Turpitude