Continuing on with our exploration of criminal offenses and their immigration consequences, today I will explain the consequences of Shoplifting.

In Arizona, Shoplifting is a class 5 felony if the value was more than $2,000 or undertaken during a “continuing criminal episode”; is a class 6 felony if more than $250 property; and a class 1 misdemeanor if property is $250 or less except for a firearm.

Shoplifting is a CMT when it includes as an element intent to steal or deprive permanently.  Like most crimes with immigration quality and “intent” element will upgrade the offense to a CMT.  Therefore it is imperative for a criminal attorney to keep the conviction record vague.   If the record is kept vague your Immigration counsel at least can argue that there was no intent to deprive.  This will most certainly help mitigate any potential immigration consequences.

An example that I ran across recently helps explain this point: 

A person shopping without a cart or basket, might “knowingly” conceal an object in a pocket and then sincerely forget to bring it out and pay for it with other objects. This ought not to be held to a crime involving moral turpitude.

Therefore, criminal defense counsel should try either to identify subsection (B) in the record of conviction, or to leave the record of conviction vague enough to support the possibility that subsection (B) applied.

Note that a first moral turpitude offense that is a misdemeanor cannot cause deportability because it has a maximum sentence of only six months. A class 6 felony can, only if the offense was committed within five years of admission to the United States.

If you are convicted of Shoplifting and you have immigration issues please do not hesitate to contact 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.