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Is Common Assault In The UK a Cimt in the USA Or Not?

Is Common Assault In The UK a Cimt in the USA Or Not?

Old May 8th 2012, 9:48 pm
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Default Is Common Assault In The UK a Cimt in the USA Or Not?

Hello everyone,

I have a question regarding my criminal record in the UK. This post is a little more specific since the last time.

I have a criminal record for I believe it is common assault in the UK, the incident was against my ex girlfriend (about 6 years ago) we were both in an unhealthy relationship with one another and I was charged and found guilty of Common Assault and given a 2 month suspended sentence over a period of 2 years and 12 months probation which I completed with flying colors. I did not serve any jail time and I have never been in trouble with the Police before this incident or since.

I was wondering if anyone could clear up whether this common assault is a Crime of Moral Turpitude or not?

Obviously my wife and I are now about to file for a marriage based petition and we need to know whether it is going to affect us or not.

Anyone that could clear this up for us that would be great.

Thank you all in advance.

Regards

Michael.
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Old May 8th 2012, 10:22 pm
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Default Re: Is Common Assault In The UK a Cimt in the USA Or Not?

The better the information provided, the better response can be.
Originally Posted by Michael Sanders
I have a question regarding my criminal record in the UK. This post is a little more specific since the last time.
If this is a CIMT, the important thing is the punishment that you could have received under US law, not the punishment that you did receive under the law where the offense occured.
Originally Posted by Michael Sanders
I have a criminal record for I believe it is common assault in the UK, the incident was against my ex girlfriend (about 6 years ago) we were both in an unhealthy relationship with one another and I was charged and found guilty of Common Assault and given a 2 month suspended sentence over a period of 2 years and 12 months probation which I completed with flying colors. I did not serve any jail time and I have never been in trouble with the Police before this incident or since.
An appropriate lawyer could. But it might require a little more information.
Originally Posted by Michael Sanders
I was wondering if anyone could clear up whether this common assault is a Crime of Moral Turpitude or not?
Regards, JEff

Last edited by jeffreyhy; May 8th 2012 at 10:24 pm.
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Old May 8th 2012, 10:48 pm
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Default Re: Is Common Assault In The UK a Cimt in the USA Or Not?

Originally Posted by jeffreyhy
The better the information provided, the better response can be.

If this is a CIMT, the important thing is the punishment that you could have received under US law, not the punishment that you did receive under the law where the offense occured.

An appropriate lawyer could. But it might require a little more information.

Regards, JEff
Thanks Jeff.

I will give you more info when I receive the Police report from the UK I should have it in a few days.

You and Rene know so much about the process of immigration I am super impressed.

Thanks Again.

Regards

Michael
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Old May 9th 2012, 3:52 am
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Default Re: Is Common Assault In The UK a Cimt in the USA Or Not?

To be clear, I cannot answer your question. Ask a US lawyer.

Regards, JEff
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Old May 9th 2012, 11:39 am
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Default Re: Is Common Assault In The UK a Cimt in the USA Or Not?

Originally Posted by Michael Sanders
I was charged and found guilty of Common Assault and given a 2 month suspended sentence over a period of 2 years and 12 months probation which I completed with flying colors. I did not serve any jail time and I have never been in trouble with the Police before this incident or since.
The punishment you received is irrelevant. What is relevant, is the maximum penalty you could have received.

No one here can answer your question with any certainty... and, as Mr. Folinsky is fond of pointing out - the devil is in the details.

Take JEff's advice - contact a US attorney.

Ian
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