PC 601

PC 601

Offense

Trespass with credible threat.

Aggravated Felony (AF)

Get 364 days or less to avoid AF as COV.

Crime Involving Moral Turpitude (CIMT)

Assume CIMT.

Other Removal Grounds

As a COV, it is a deportable crime of DV if V and D share a protected domestic relationship.

Advice and Comments

Very likely to be held a COV or CIMT because the elements.1PC 601, trespass with credible threat, is likely to be held a COV (and thus an AF if a year or more is imposed, and/or a deportable DV offense if the victim has protected domestic relationship) and a CIMT. It has the following elements: (1) defendant made a credible threat to cause serious bodily injury; (2) defendant did so with the (specific) intent of placing that person in reasonable fear of their safety or the safety of their immediate family; and (3) defendant unlawfully entered the residence or workplace of the complaining witness with the (specific) intent to carry out the threat against the target of the threat. CALCRIM 2929.

The definition of a COV under 18 USC § 16(a) includes “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.”  Other charges having the threatened use of physical force have been found to be COVs.  See, e.g., Rosales-Rosales v. Ashcroft 347 F.3d 714 (9th Cir. 2003) (“On its face, § 422 is an offense “that has as an element the … threatened use of physical force against the person or property of another.” 18 U.S.C. § 16(a). Therefore § 422 meets the definition of a “crime of violence” as set forth in § 16(a).”).

It likely will be held to meet the definition of a CIMT because it involves both a “threat to cause serious bodily injury” and a specific “intent to carry out the threat.”  See, e.g., Latter-Singh v. Holder (9th Cir. 2012) 668 F.3d 1156, 1163 (finding that PC §422 is a CIMT “because 422 criminalizes only the willful threatening of a crime that itself constitutes a crime of moral turpitude.”) and see PC 273.5.

2021-05-18T18:22:46+00:00Updated May 18th, 2021|