Is UK law Section 20 (GBH without Intent) classified as “Moral Turpitude” when applying for US Visa?
Simple assault is not a crime involving moral turpitude. Normally, the element of willful infliction of corporal injury must be present for an assault charge to be one involving moral turpitude. ‘Section 20’ is an ‘either way’ offense, which means that the case can be heard entirely in a magistrates’ court or the magistrates can decline jurisdiction (usually because they believe that their sentencing powers are unlikely to be great enough) and send the case to the Crown court. The maximum penalty in a magistrates’ court is 6 months imprisonment and/or a £5000 fine. The maximum penalty before a Crown court is 5 years imprisonment and/or an unlimited fine. When a crime is divisible like this one, problems with US immigration depend on whether the assault is or is not a crime involving moral turpitude (CIMT) under US law. Could be either depending on the exact nature of the assault and the consulate’s interpretation of it. If you go to magistrate’s court, you may qualify for the petty off
