Asked in Criminal Law for Georgia

Q: Is affray a crime of moral turpitude?

I’ve already had my case dismissed but, I’m just looking into a career path that requires licensure.

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1 Lawyer Answer
Kelli Y. Allen
PREMIUM
Kelli Y. Allen
Answered
  • Criminal Law Lawyer
  • Charlotte, NC

A: "Crime of moral turpitude" (CIMT) is an immigration law concept. While the immigration statutes give examples of offenses that constitute CIMTs, it requires an examination of the specific criminal statute under which someone is charged. An affray statute could be written so that it is basically the equivalent of simple assault, In that case, it is probably not CIMT. If it is the equivalent of stalking, or a serious assault, it well could be considered a CIMT. If you have been charged with affray and are not a U.S. citizen, in addition to your criminal defense attorney, you need to consult with an immigration attorney who can examine the statute and discuss possible immigration consequences.

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