PC 532(a)

PC 532(a)

Offense

Fraudulently obtain money, credit, etc.

Aggravated Felony (AF)

Yes, AF if more than $10k. See PC 487, 470.

Try to get 364 or less, but see Advice if 1 yr or more was imposed

Crime Involving Moral Turpitude (CIMT)

Yes, CIMT because fraudulent intent.

Consider 529(a)(3), 530.5(a)

Other Removal Grounds

No other removal ground.

Advice and Comments

AF and 1 year. Forgery, counterfeiting, theft with 1 yr or more imposed is an AF. These are not elements of 532(a), so no 532(a) conviction should be held an AF based on a 1-yr sentence. But best practice is to try to keep such conduct out of the ROC and/or get 364 days or less on any single count, to further protect defendant. See § N.4 Sentence.

2020-10-23T18:23:00+00:00Updated January 29th, 2020|