Moral Turpitude: What It Means and Why It Matters in California
“Moral turpitude” is a simple phrase, but its meaning is quite complex. Moral turpitude is not a crime. Instead, it describes certain types of crimes and activities. Unfortunately, the phrase has no single clear definition. To make matters more complicated, some crimes raise moral turpitude issues in some contexts but not others.
This article defines what “moral turpitude” is under California law. It also lists crimes that are likely to be considered crimes of moral turpitude. Finally, it explains how a criminal defense attorney in Marin County can help.
Why It’s Hard to Define Moral Turpitude
Defining “moral turpitude” is difficult for at least three reasons.
First, there isn’t any one definition of the term. The California Supreme Court has said that moral turpitude is “an elusive concept” without a “hard and fast” definition. The Court has also said that the term is “incapable of precise general definition.”
Second, moral turpitude can be relevant in many legal contexts, including:
- Challenging a witness’s credibility during a trial
- Disciplinary proceedings against attorneys and other professionals
- Deportation proceedings
So, the definition of moral turpitude can change based on where and why it’s being used.
Finally, beyond differing definitions, courts use different methods. Some courts look at the language that defines the crime. In other contexts, courts may look at how the crime was committed.
What Does “Moral Turpitude” Mean in California?
Despite the difficulty with defining the term, California courts have provided guidelines for determining whether a crime involves moral turpitude. Generally, they look at whether the crime or conduct:
- Shows “a readiness to do evil”
- Involves “baseness, vileness, or depravity”
- Requires conduct that is contrary to honesty, justice, or good morals
- Demands dishonest or immoral conduct
Even without a hard-and-fast rule, these guidelines help courts draw necessary lines.
Which Crimes are Typically Crimes of Moral Turpitude in California?
Because defining moral turpitude is difficult, it is also hard to make a complete list of crimes of moral turpitude. However, California courts have provided guidance that can help us place crimes in certain categories.
The list below is based on past case results. However, each situation is different. Ask your Marin County criminal defense attorney about your specific circumstances.
Category One – Likely to Be Crimes of Moral Turpitude
Generally, California courts treat the following crimes as crimes of moral turpitude:
- Highly violent crimes
- Murder
- Voluntary manslaughter
- Assault with a deadly weapon
- Kidnapping
- Robbery
- Corporal injury
- Sexual crimes
- Forcible or nonconsensual rape
- Sexual battery
- Lewd or lascivious acts on a child under 14
- Many theft crimes
- Burglary
- Grand theft
- Grand theft auto
- Petty theft
- Embezzlement
- Crimes involving fraud and financial dishonesty
- Forgery
- Insurance fraud
- Bribery
Category Two – May Be Crimes of Moral Turpitude
Here, a court may find a crime to be one of moral turpitude under one set of circumstances but reach the opposite conclusion on different facts. Common crimes in this category include:
- Shoplifting
- Receiving stolen property
- Identity theft
- Carjacking
- Perjury
Category Three – Usually Not Crimes of Moral Turpitude
While everything depends on context, for the most part, California courts have decided that these are typically not crimes of moral turpitude:
- Simple assault
- Simple battery
- Simple drug possession
- Simple DUI charges
Why Does Moral Turpitude Matter in California?
Moral turpitude matters for several reasons. It can be used in many proceedings. For example, if a witness – including the defendant – takes the stand during a criminal trial, the defense attorney or prosecutor can use prior incidents involving moral turpitude to attack their credibility. This can also happen in civil cases. Crimes involving moral turpitude can also be relevant during:
- Admission to the bar and attorney discipline proceedings
- Teacher licensing
- Other professional licensing and disciplinary proceedings
- State or city employment decisions
- Immigration and deportation proceedings
Crimes of moral turpitude can affect a person’s freedom, livelihood, immigration status, and more. However, an experienced criminal defense attorney may be able to negotiate a plea agreement that helps you avoid the moral turpitude label.
Can Expungement Eliminate the Consequences of a Crime Involving Moral Turpitude?
Not necessarily.
Technically, California doesn’t allow true expungement of crimes. However, California does allow people with prior convictions to apply for relief through a dismissal or sealing process. These paths offer important benefits, but they do not necessarily erase every consequence of a crime of moral turpitude. For example, expungement will not necessarily avoid certain immigration consequences. As such, discuss the potential outcomes with your defense attorney.
Frequently Asked Questions About Crimes of Moral Turpitude
- Are conspiracy and attempt crimes of moral turpitude?
Crimes such as conspiracy and attempt raise special legal issues. Whether either is a crime of moral turpitude depends on the target crime. So, a conspiracy to commit murder is likely a crime of moral turpitude, while attempted simple drug possession likely isn’t.
- Can a first-time offender be convicted of a crime involving moral turpitude?
Absolutely. A person’s prior criminal history is relevant to sentencing, but usually irrelevant to determining whether the crime involves moral turpitude.
- Can you be charged with more than one crime involving moral turpitude in the same case?
Many criminal cases involve multiple charges. There is no legal bar against being charged with multiple counts of one crime of moral turpitude or more than one crime of moral turpitude in the same case.
- Is it still a crime of moral turpitude if the sentence is probation instead of jail?
Yes. The sentence does not determine whether a crime involves moral turpitude.
- Is it still a crime of moral turpitude if the victim forgives you?
Yes. The victim’s position is usually not relevant.
How Can a California Criminal Defense Attorney Help with Crimes of Moral Turpitude?
Crimes of moral turpitude can carry serious consequences. However, an experienced Marin County criminal defense attorney can help you build a strong defense or negotiate a plea that can improve your outcome. They can also work with immigration or licensing authorities to minimize the effects of a moral turpitude conviction.
If you or a loved one has been charged with a crime involving moral turpitude in Marin County or San Francisco, contact Brownstein Law Group. We’re aggressive in the courtroom but compassionate with our clients. To learn more about how we can fight for you, call us at 415-795-9059 or use our online contact form to schedule a consultation.