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Ответ: Правонарушение в штатах
T.e. eto prestuplenie, za kotoroe maksimal'no vozmojnoe nakazanie - 1 god tiur'my, pri etom eto prestuplenie tipa "moral turpitude" (chto otlichaet ego, skajem, ot draki; moral turpitude - eto nechestnost' namerenii; dannoe prestuplenie, kraja uslugi - eto nechestnost' namerenii; liubaia kraja - eto kraja). Takie prestuplenia vedut k immigracionnoi otvetstvennosti, kotoruiu ia opisal vyshe. Prestuplenie tipa "moral turpitude" po stat'e, po kotoroi predusmotrena otsidka svyshe 6 mesicev (u vas - god), trebuet poluchenia waivera dlia podachi na vizu, i ne pozvoliaet podat' na waiver v pervye 15 let posle sovershenia prestuplenia.
New York Penal Code Section S 70.15 - Sentences of imprisonment for misdemeanors and violation.
1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year; provided, however, that a sentence of imprisonment imposed upon a conviction of criminal possession of a weapon in the fourth degree as defined in subdivision one of section 265.01 must be for a period of no less than one year when the conviction was the result of a plea of guilty entered in satisfaction of an indictment or any count thereof charging the defendant with the class D violent felony offense of criminal possession of a weapon in the third degree as defined in subdivision four of section 265.02, except that the court may impose any other sentence authorized by law upon a person who has not been previously convicted in the five years immediately preceding the commission of the offense for a felony or a class A misdemeanor defined in this chapter, if the court having regard to the nature and circumstances of the crime and to the history and character of the defendant, finds on the record that such sentence would be unduly harsh and that the alternative sentence would be consistent with public safety and does not deprecate the seriousness of the crime.
1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed one year; provided, however, that a sentence of imprisonment imposed upon a conviction of criminal possession of a weapon in the fourth degree as defined in subdivision one of section 265.01 must be for a period of no less than one year when the conviction was the result of a plea of guilty entered in satisfaction of an indictment or any count thereof charging the defendant with the class D violent felony offense of criminal possession of a weapon in the third degree as defined in subdivision four of section 265.02, except that the court may impose any other sentence authorized by law upon a person who has not been previously convicted in the five years immediately preceding the commission of the offense for a felony or a class A misdemeanor defined in this chapter, if the court having regard to the nature and circumstances of the crime and to the history and character of the defendant, finds on the record that such sentence would be unduly harsh and that the alternative sentence would be consistent with public safety and does not deprecate the seriousness of the crime.
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