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Question

What misdemeanors in Texas are considered to be moral turpitude. which ones are not

Submitted: 387 days and 21 hours ago.
Category: Criminal Law
Value: $30
Status: CLOSED
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austin, Texas

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Posted by JD 387 days and 21 hours ago.

Answer

That depends on the context in which you ask this question, however a crime of "moral turpitude" means a crime of dishonesty such as theft related crimes, perjury, false reporting, etc... Some employment applications for governmental positions will actually spell out which crimes they consider of "moral turpitude" and some things just use the general definition of being a crime of dishonesty and decide on a case by case basis.

 

Assault, DUI, drug offeneses and other various misdemeanors are not considered crimes involving dishonesty and therefore not crimes involving "moral turpitude".

 

Please reply if I can assist further.

 

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Remember to click ACCEPT only when you are satisfied with your answers. This is how we get paid for our time with your questions. I would also appreciate any positive feedback you could provide. If you are not satisfied then please reply to me so I can further assist you or find someone else to help. I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.

387 days and 21 hours ago.

Reply

If there is no specific crime listed on the aplication then previous stae rulings on crimes without moral turpitude would be used?

Posted by JD 387 days and 21 hours ago.

Answer

Like beauty... it would be in the eye of the beholder. If you don't put the conviction on the application and they discovery it... and they decide it involves dishonesty then they could likely fire you. If the application is sworn or in the form of an affidavit then you could potentially be charged with forgery.

 

What is the application for and what is the conviction we're talking about?

387 days and 21 hours ago.

Reply

The aplication is for a state lottery license. the crime is assault

Posted by JD 387 days and 21 hours ago.

Info Request

I'm sure that is a sworn application so you have to be very cautious. Was the assault by a man against a woman (it matters in Texas)?

387 days and 21 hours ago.

Reply

NO it was not.

Posted by JD 387 days and 21 hours ago.

Answer

I think you're going to be ok then... give me a few minutes to try to find you a case.CriminalLaw39830.8432497685

387 days and 21 hours ago.

Reply

OK

Accepted Answer

In re Thacker, 881 S.W. 2d, 307 (Texas 1994), the Texas Supreme Court held that Aggravated Assault is not per se a crime involving moral turpitude. This issue is decided on a case by case basis and they look at the nature of the assault, the reasons for the assault, etc... Therefore the crime sitting alone is not one of moral turpitude.

 

There are circumstances surrounding an assault that could render it one of moral turpitude... gratuitous violence and extreme conduct that violates societies notions of decency can rise to that level. You'll have to use your best judgment. If you drop in on your local attorney's office and have them review the actual conviction and the circumstances surrounding it they can probably give you a good second opinion.

 

I think generally speaking an assault will not rise to the level of involving moral turpitude, but there could be specific actions that do rise to that level.

 

________________________

Remember to click ACCEPT only when you are satisfied with your answers. This is how we get paid for our time with your questions. I would also appreciate any positive feedback you could provide. If you are not satisfied then please reply to me so I can further assist you or find someone else to help. I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.

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Expert: JD
Pos. Feedback: 98.6 %
Accepts: 534
Answered: 1/17/2009

Criminal Justice Lawyer

Over 11 years of practice in litigation including 10 years as a state prosecutor

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