Is a Misdemeanor a Crime of Moral Turpitude?
In the criminal justice system, there are various classifications of crimes, including felony and misdemeanor. A misdemeanor is a criminal offense that is punishable by less than a year of imprisonment and is generally considered a lower-level offense compared to felonies, which carry stricter penalties. But is a misdemeanor considered a crime of moral turpitude?
Contents
What is Crime of Moral Turpitude?
Moral turpitude refers to a behavior or an act that is considered shocking to the community’s standards of morality. It typically involves actions that are deceitful, fraudulent, dishonest, or violative of public trust. In other words, moral turpitude refers to an act that violates the sense of right and wrong or is considered inherently bad.
Are Misdemeanors Generally Considered Crimes of Moral Turpitude?
The short answer is yes, a misdemeanor can be considered a crime of moral turpitude. However, it ultimately depends on the specific laws and jurisdictions. In many cases, a misdemeanor charge can be related to dishonest or fraudulent conduct, which can be seen as violative of public trust. For example:
- Theft: Misdemeanor theft, such as petit larceny or theft of services, can involve dishonest behavior and be considered a crime of moral turpitude.
- Fraud: Misdemeanor fraud, such as writing a bad check or filing a false claim, can be seen as a violation of public trust and moral standards.
- Obstruction of a Law Enforcement Officer: Refusing to cooperate with an officer or intentionally hindering their investigation can be viewed as a violation of trust and considered a crime of moral turpitude.
Factors Affecting Whether a Misdemeanor is a Crime of Moral Turpitude
While a misdemeanor can be considered a crime of moral turpitude, various factors can influence this decision. Some of these factors include:
• Purpose of the Offense: If the misdemeanor was committed with the purpose of achieving a dishonest or fraudulent advantage, it is more likely to be considered a crime of moral turpitude.
• Intent behind the Conduct: If the conduct was intended to cause harm or take advantage of others, it may be viewed as a violation of moral standards.
• Public Perception: If a significant portion of the community views the conduct as offensive or shocking, it is more likely to be considered a crime of moral turpitude.
Examples of Misdemeanors Considered Crimes of Moral Turpitude
Here are some examples of misdemeanors that may be considered crimes of moral turpitude:
• Public Lewdness: Misdemeanor public lewdness is considered a crime of moral turpitude as it involves sexual conduct in public, which is viewed as offensive and shocking.
• Criminal Mischief: Misdemeanor criminal mischief, such as vandalizing property or tampering with a motor vehicle, may be considered a crime of moral turpitude if the intent behind the conduct was to cause harm or damage.
• Filing a False Police Report: Misdemeanor filing a false police report can be seen as a violation of trust and honesty, making it a crime of moral turpitude.
Legal Consequences of a Misdemeanor Conviction
Conviction of a misdemeanor offense can have serious legal consequences, including:
• Criminal Record: A misdemeanor conviction will remain on your criminal record, which can impact future job prospects or educational opportunities.
• Fines and Penalties: You may be ordered to pay fines or pay restitution to victims.
• Jail Time: Depending on the jurisdiction and the specific offense, you may face a maximum term of imprisonment ranging from 30 days to 12 months.
• Suspended License: In cases involving traffic offenses, such as DUI or reckless driving, you may face the suspension of your driver’s license.
Conclusion
In conclusion, while a misdemeanor is generally considered a lesser offense compared to a felony, it can still be considered a crime of moral turpitude. Whether a misdemeanor is considered a crime of moral turpitude depends on various factors, including the purpose of the offense, intent behind the conduct, and public perception. If you are charged with a misdemeanor, it is essential to understand the potential legal consequences and implications on your future. Seek legal advice from a qualified attorney to protect your rights and interests.
