PC 459, 460(b)

PC 459, 460(b)

Offense

Burglary, Second degree, (Commercial)

Aggravated Felony (AF)

Never an AF under any category; see 460(a). But as always, best practice is to obtain 364 days or less on any single count if that is possible.

Crime Involving Moral Turpitude (CIMT)

Never a CIMT regardless of intended offense; see 460(a). See Advice.

Other Removal Grounds

No other removal ground.

Advice and Comments

Very good immigration plea, regardless of record of conviction (ROC). Still, for extra protection against wrongly filed immigration charges, one can create a good ROC by identifying lawful entry or, especially, intent to commit a non-CIMT.

DACA. Misd burglary is a “significant misdemeanor.” See PC 25400.

Prop 47: If offense was entering open business with intent to steal $950 or less, see 459.5. However, for CIMT purposes this may not be as secure as 459. See also Advisory on Prop 47 & Immigrants at www.ilrc.org/crimes.

2020-05-19T18:52:56+00:00Updated January 29th, 2020|