While the heat in Phoenix is in full swing, at Ariano & Reppucci, PLLC we are not deterred and keep plugging along. Continuing in on our series of crimes and their immigration consequences (and here and here), I thought it would be wise to delve into not a type of crime and not a specific offense. Today’s topic will be all about “Attempt”.

In general and with few exceptions, conviction of attempt brings the same immigration consequences as conviction of the underlying offense. Attempt will be a CMT if the underlying crime is a CMT. However, there may be an advantage to pleading to attempt and that is that usually attempt has a lower sentence associated with it and because a single CMT conviction will not have immigration consequences if the sentence is sufficiently low. Therefore, it could prevent someone from being deported.

Remember that:

• A single CMT conviction causes deportability under the CMT ground only if the offense was committed within five years after admission and carries a potential sentence of a year or more. 8 USC 1227(a)(2)(A)(i). Thus a potential sentence of under a year prevents deportability for a single CMT.

• A single CMT conviction will not cause inadmissibility if it carries a potential sentence of a year or less, with an actual sentence imposed of six months or less. 8 USC 1182(a)(2)(A)(ii). Thus a potential sentence of a year or less can prevent inadmissibility for a single CMT.

Therefore, for some an attempt plea may help them avoid deportation. While it still has the potential to be a crime of moral turpitude the reduction of sentence may be a life saver for some.

If you are convicted of a crime and have a chance to plea to attempt and you have immigration issues please do not hesitate to contact the Phoenix immigration lawyers of Ariano & Reppucci, PLLC who can both assist your criminal attorney and you minimize any immigration consequences from your criminal convictions. To set up an appointment call 602-515-0841.