PC 17500

PC 17500

Offense

Possession of weapon with intent to assault

Aggravated Felony (AF)

Not AF because (a) 6-month max sentence, plus (b) minimum conduct involves offensive touching

Crime Involving Moral Turpitude (CIMT)

Should not be CIMT because minimum conduct is intended offensive touching, with no use of weapon, but could be charged as such. See Advice.

Other Removal Grounds

Not a deportable firearms offense, but best practice is a plea to a non-firearm or to leave ROC blank; see Advice.

To ensure not wrongly charged as child abuse, keep minor V’s age out of ROC. See 243(a).

Not COV, but best practice is to ID a V not protected under DV laws.

Advice and Comments

Good alternative plea; may have no consequences.

CIMT: To provide extra security, plead to intent to commit offensive touching, and possession of weapon but not intent to use or threat.

Firearms ground: Not a deportable firearms offense due to antique firearms rule; see discussion at 29800. Also, statute should be held not divisible.

Assume an ROC ID’ing a firearm will be a “significant misdemeanor” firearms offense for DACA. Keep ROC clean of firearm and see note at PC 25400.

2020-05-19T19:27:41+00:00Updated January 29th, 2020|