VC 10853

VC 10853


Malicious mischief to a vehicle

Aggravated Felony (AF)

Not AF

Crime Involving Moral Turpitude (CIMT)

Should not be CIMT; try to plead to intent to annoy. See Advice

Other Removal Grounds

No other removal ground.

Advice and Comments

CIMT: While no conviction should be held CIMT, to avoid possible wrongful charge as CIMT plead to intent to manipulate a lever or other minor offense.1The minimum conduct to commit Veh C § 10853 includes non-CIMT conduct such as merely moving levers or climbing onto or into vehicle, and the specific intent can be to commit a crime not involving moral turpitude. See § 10853 and Marmolejo-Campos v. Holder, 558 F.3d 903 (9th Cir. 2009) (en banc).

2020-05-19T19:40:32+00:00Updated January 29th, 2020|