PC 368(d)

PC 368(d)


Elder abuse: Theft, Fraud, Forgery

Aggravated Felony (AF)

(d)(1) has potential AF risk if 1 yr or more is imposed or loss > $10k. See Advice.
(d)(2) does not have this risk.

Crime Involving Moral Turpitude (CIMT)

Assume CIMT unless theft can include intent to deprive temporarily.

Other Removal Grounds

No other removal ground.

Advice and Comments

AF: See Advice to PC 484. Plead to embezzlement, fraud, identity theft where loss to victim does not exceed $10,000. This can take a sentence of over a year.

Plead to straight theft (taking by stealth) where loss to victim does exceed $10k. Avoid 1 yr or more on any one count.

Forgery plea should not take either 1 yr or $10,000 loss.

2021-05-18T15:45:06+00:00Updated January 29th, 2020|