You may be deported if you commit some misdemeanor offenses.
If you are in the United States as a permanent resident or if you hold a legal visa, you may still be deported from the country if you are convicted of certain crimes. The Immigration and National Act (INA) sets forth grounds for the deportation of non-citizens. When it comes to criminal convictions, you may be deported based on the seriousness and/or type of criminal offense.
As a criminal defense attorney in Los Angeles County, CA can explain, the INA lists specific crimes that make a person deportable, as well as general categories of crimes that could lead to deportation. There are five broad categories of crimes that can lead to deportation in the United States:
- Aggravated felonies,
- Crimes involving moral turpitude,
- Drug crimes,
- Firearms offenses, and
- Crimes of domestic violence.
These categories may overlap. For example, you may be convicted of an aggravated felony that involved drugs.
This list does not specifically include “misdemeanors” as deportable offenses. However, if you are convicted of a misdemeanor offense that is encompassed in a category on this list, you could still be subject to deportation.
Consider a situation where you are convicted of petty theft, which is a misdemeanor under California law. Theft crimes are not listed as a deportable offense. However, theft may be considered a crime of moral turpitude. The INA does not define what a crime of moral turpitude is. However, it has broadly been described as an “act that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.” Crimes of moral turpitude may include forgery, fraud, bribery, kidnapping…and even theft offenses.
If you are convicted of a type of crime that is specifically listed in the INA, then it doesn’t matter if the offense is a felony or a misdemeanor. For example, if you are charged with a misdemeanor domestic violence offense, it could still lead to deportation.
The potential of being deported for being convicted of certain crimes means that it is all the more important to work with a seasoned criminal defense attorney in Los Angeles County, CA if you are not a citizen and have been charged with a crime. Your lawyer can put together a strong defense for you, and may even be able to negotiate a deal that involves the charge being reduced, dismissed, or even changed to an offense that would not lead to deportation. If you have been charged with a crime, be sure to inform your attorney as soon as possible about your immigration status.
The Chambers Law Firm represents Californians — both citizens and non citizens — who have been charged with crimes. We understand how important it is to fight back against these charges, both to protect your freedom and your ability to remain in the United States. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal defense attorney in Los Angeles County, CA.
