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Assault and petty offense exception

maxcaddy — Thu, 02 Jan 2025 13:55:58 GMT

I was recently arrested and accepted a simple caution for common assault (assault by beating). The incident in question was domestic battery towards a family member. While common assault is a summary offence, the DV angle would likely make it a crime of moral turpitude in the US legal context. However I may be admissible under the petty offense exception, assuming the English statute and sentencing determined this?

I'd would be helpful to have some clarity of where I'd stand were I to apply for a US visa.

RE: Assault and petty offense exception

maxcaddy — Thu, 02 Jan 2025 13:55:58 GMT

Thanks. The victim was not an intimate partner. They did suffer minor injuries but apparently not rising to the level of ABH. It is somewhat confusing as domestic violence can result in US residents being deported even for even admitting to the offence without being formally charged.

RE: Assault and petty offense exception

AB2014 — Thu, 02 Jan 2025 13:25:03 GMT

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[b]maxcaddy - 2 Jan 25 12:10 PM[/b]

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Nobody can speak on behalf of the US Embassy, and they would say just apply and they'll look at it. Common assault/battery/assault by beating is not automatically a crime involving moral turpitude, as it does not involve any physical harm, never mind serious harm. They might not like Intimate Partner Violence at higher levels of assault, but they involve actual physical injury. You don't even need to show that you didn't intend to injure the victim, as there was no injury. I found this online, which might shed more light on it, but the only way to find out for sure is to apply for a visa. Remember that they will only see what is on your police certificate, so unless that specifies IPV, they won't know and they will assume that it wasn't involved.