D. Using Anticipatory Offenses “Step-Down” to Avoid
Attempt takes on the character of the principal offense for immigration purposes. For example, attempt to commit a drug offense has the same adverse immigration consequences as the drug offense itself. However, attempt does offer a particular benefit in avoiding the deportability ground for conviction of theft in the third degree, a crime involving moral turpitude, because an attempt to commit a theft in the third degree will only be a simple misdemeanor312 which carries a maximum possible sentence of 90 days, not the possible sentence of one year or more required to trigger this ground of deportation. A noncitizen is deportable if convicted of a single crime involving moral turpitude, committed within five years of last admission, if the offense carries a potential sentence of one year or more.313 See Chapter Three: Sentencing Strategies for
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312 RCW 9A.28.030(3)(e).
313 8 USC § 1227(a)(2)(A)(i)(I-II); INA § 237(a)(2)(A)(i)(I-II).