"Crime of moral turpitude" — the immigration term that decides everything.

What is a crime of moral turpitude?

"Crime involving moral turpitude" (CIMT) is a federal immigration term, not a Michigan criminal classification. The Board of Immigration Appeals has defined it as conduct that is "inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general." In practical terms, a CIMT generally requires either (1) an intent to defraud, (2) intent to cause great bodily harm, or (3) conduct that is morally reprehensible by community standards.

This is not a list — it's a framework. Whether a particular Michigan statute is a CIMT depends on the elements of the statute, applied through the federal categorical approach. Sometimes the same conduct is a CIMT under one state's statute and not another's, because of how the statutes are worded.

Why CIMTs matter

Deportability (INA § 237(a)(2)(A))

• One CIMT committed within 5 years of admission with a possible sentence of 1 year or more = deportable.
• Two or more CIMTs at any time after admission, not arising from a single scheme = deportable.

Inadmissibility (INA § 212(a)(2)(A))

• One CIMT = inadmissible (with petty offense exception, below).
• Affects applications for admission, adjustment of status, visas, and reentry after international travel.

Other consequences

CIMTs affect bond eligibility in immigration court, naturalization good moral character, DACA renewal, and asylum bars.

The petty offense exception

For inadmissibility (not deportability), a single CIMT is excepted if:

1. The maximum possible sentence was 1 year or less, AND
2. The actual sentence imposed was 6 months or less.

This makes the Michigan classification of the offense critical. A Michigan 93-day misdemeanor (max 93 days) easily fits the petty offense exception. A Michigan 1-year misdemeanor (max 365 days) does not — the maximum exceeds 1 year. A Michigan high-court misdemeanor (2 years max) does not.

Note: the petty offense exception only helps with inadmissibility. It does not help with the deportable single-CIMT rule, which uses a different (and more restrictive) framework.

Michigan offenses commonly analyzed as CIMTs

The following Michigan offenses are commonly (though not universally) treated as CIMTs:

• Retail fraud (MCL 750.356c, .356d) — theft elements.
• Larceny (MCL 750.356) — theft with intent.
• Embezzlement (MCL 750.174) — fraud element.
• False pretenses (MCL 750.218) — fraud element.
• Uttering and publishing (MCL 750.249) — fraud element.
• Identity theft (MCL 445.65) — fraud element.
• Assault with intent to do great bodily harm (MCL 750.84) — specific intent.
• Aggravated assault (MCL 750.81a) — sometimes CIMT, depending on circuit analysis.
• Welfare fraud, tax fraud, insurance fraud — all fraud-based CIMTs.

Offenses NOT typically CIMTs:

• Driving on a suspended license (no moral turpitude element).
• Simple assault without specific intent (analysis varies by circuit).
• Single first-offense OWI (negligence, not moral turpitude).
• Disorderly conduct (typically not CIMT).

Disposition strategy for CIMT-risk cases

1. Plead to a non-CIMT alternative when possible. Some prosecutors will allow a plea to a non-CIMT charge for similar conduct.
2. Watch the maximum sentence threshold. A plea to a 93-day misdemeanor preserves the petty offense exception. A 1-year misdemeanor or high-court misdemeanor does not.
3. Watch the actual sentence. Even with a 1-year max, an actual sentence of 6 months or less can preserve the petty offense exception (for inadmissibility purposes).
4. Single scheme analysis. If two CIMTs arise from one act or scheme, they can sometimes be treated as one for deportability. This is technical and requires careful charging review.
5. Padilla challenges for old convictions where prior counsel didn't advise of CIMT consequences.

Frequently asked questions