Crimes of Moral Turpitude

Assault may or may not involve moral turpitude depending upon the elements in a given offense.[37]  The general rule is that simple assault is not considered to be a crime of moral turpitude,[38] while aggravated assault, as the result of injury or use of a deadly weapon, may or may not be, depending on the elements of conviction.  Where the assault is committed with the further intent of accomplishing a CMT, the assault will also be held to be a CMT.  See § 8.7, supra for further discussion. 

[37] See 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-3(a)(3).

[38] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-3(b)(1) (“Assault (simple) (i.e., any assault which does not require an evil intent or depraved motive, although it may involve the use of a weapon which is neither dangerous nor deadly)” does not involve moral turpitude).