PC 236, 237(a): Misdemeanor

PC 236, 237(a): Misdemeanor


False imprisonment (misd)

Aggravated Felony (AF)

Great plea.
Not an AF as a COV, plus maximum exposure is 364 days

Crime Involving Moral Turpitude (CIMT)

Not a CIMT1Saavedra-Figueroa v. Holder, 625 F.3d 621 (9th Cir. 2010).

Other Removal Grounds

Not a COV, and therefore not a deportable DV offense
To ensure not wrongly charged as child abuse, keep minor V’s age out of ROC. See 243(a).

Advice and Comments

This is a good substitute plea to avoid crime of violence in DV cases

Adam Walsh Act. If V is a minor, this may trigger Adam Walsh Act. See discussion at felony 236/237, above.

2020-05-19T17:09:21+00:00Updated January 29th, 2020|