PC 12022.1

PC 12022.1

Offense

Enhancement for felony com-mitted while released pending other felony charge

Aggravated Felony (AF)

Does not appear to add an AF-type element, but see Advice re increased sentence, which makes certain offenses become AFs.

Crime Involving Moral Turpitude (CIMT)

Does not appear to be CIMT.

Other Removal Grounds

Does not trigger other removal grounds, but see Advice regarding sentence.

Advice and Comments

PC 12022.1

If sentence is imposed, this adds 2 years to sentence for underlying offense and requires all counts to be consecutive.  Can cause problems due to:

  • Immigration offenses that become an AF if a year is imposed, and
  • Inadmissible based on having a lifetime total of 5 or more years for two or more convictions
2022-05-26T20:33:15+00:00Updated May 26th, 2022|