Recklessly endangering another person , PA law 18 2705 , is it considered a deportable conviction?

Asked about 4 years ago - Pittsburgh, PA

Conviction was not related to violence,does that make a difference?Received 18 months probation.Will the 18 months probation get me in trouble,since it's over 12 months?

Attorney answers (1)

  1. Cary Bartlow Hall

    Contributor Level 14

    Answered . Possibly.

    An alien, even if a lawful permanent resident, is subject to removal/deportation if (1) he or she has been convicted of a crime “involving moral turpitude” within five years of the date of admission to the U.S. and (2) the conviction is one for which a sentence of one year or longer may be imposed. The test is what the punishment *could* be, not what punishment was actually imposed (like probation). Recklessly endangering another person is a second-degree misdemeanor in Pennsylvania, punishable by up to two years in jail.

    In determining what crimes "involve moral turpitude" -- for there is no list! -- the courts look to the *type* of crime, not the specific actions of the alien. The Pennsylvania statute reads in full: "A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury." Some courts have indeed found criminal recklessness to involve moral turpitude so you could be in trouble here.

    I suggest you try to contact an immigration clinic or organization in Pittsburgh for further review. Best of luck to you!

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