What are the requirements for the petty offense exception?

What are the requirements for the petty offense exception?

The immigrant generally has the burden of showing he or she qualifies for the Petty Offense Exception. To do this, it is necessary to obtain certified copies of the criminal court records proving the offense of conviction and the sentence imposed by the court.

Can a misdemeanor conviction be a petty offense?

If the conviction is for a misdemeanor rather than a felony, the Petty Offense Exception can apply, assuming the misdemeanor is punishable by a maximum of one year or less in custody.

What happens if you get a second moral turpitude offense?

Commission of a second moral turpitude offense, even if the conviction was expunged, or charges were dismissed and there was no second conviction at all, will disqualify the defendant from eligibility for the Petty Offense Exception to inadmissibility for one CMT. [4]

When do you get charged with petty theft?

Prosecutors charge someone with petty theft like shoplifting when you allegedly obtained services or took property worth less than $1,000, so long as the items are not a vehicle, firearm, or drugs. As a first-degree misdemeanor, petty theft is the lowest theft crime you can be charged with.

When is petty theft elevated to Grand Theft?

For both petty theft and shoplifting, the crime will be elevated to grand theft if the item or merchandise is worth more than the amount specified in the statute. Establishing value for retail items isn’t difficult.

What are the legal defenses for petty theft?

There are several legal defenses that a person can raise if accused of a crime under this statute. These include showing that the defendant: asserts a claim of right over the property. Petty theft is charged as a misdemeanor (as opposed to a felony or an infraction ).

Why are petty theft and shoplifting considered insignificant crimes?

Petty theft and shoplifting are often dismissed as insignificant crimes because, by definition, they involve taking something of relatively little value. However, the consequences can be significant.