There can be significant implications when criminal law and immigration law conflict. Even if you are a legal resident, if you are convicted of a felony and are not a U.S. citizen, you may be deported. Although Chambers Law Firm exclusively handles criminal cases in Southern California, we recognize that the outcome of your case affects your future in more ways than one.
What impact will my criminal convictions have on my immigration case?
If you are not a US citizen and plead guilty or are convicted of certain offenses, you may be deported. Even if you have a green card and are lawfully present in the United States, you might be deported to your native country, even if you haven’t lived there since you were a baby and don’t know the language. If you leave the US for whatever reason, a felony record might prevent you from reentering legally.
What offenses might result in my deportation?
There is no official, comprehensive list of the exact offences that might lead to deportation from the United States. However, federal immigration law establishes a few fundamental categories:
- “Moral turpitude” crimes
- Aggravated felonies
- Drug-related offenses
- Offenses involving weapons
- Domestic violence or child abuse
What are moral turpitude offenses?
You are certainly not alone if you have never heard of “moral turpitude” offenses. The vast majority of individuals haven’t, and even federal immigration law lacks a clear description of what they are. When the legislation was enacted, it was believed that the defendant’s offenses demonstrated a lack of moral character, and hence that he or she should not be permitted to remain in the United States.
Theft, fraud, and assault are examples of “moral turpitude” crimes in which someone steals, is dishonest, or aims to injure another person. You will be deported if you commit a crime of moral turpitude within five years of legally entering the United States, or if you have ever committed two distinct crimes of moral turpitude. (Of course, you’re always at danger of deportation if you entered or stayed in the US illegally.)
The law permits just one defense: “petty transgressions” are not deemed crimes of moral turpitude. The highest allowable penalty for a small infraction is only one year, and you only had to spend less than six months of that term. Even if you are convicted, a skilled Southern California criminal law attorney can assist you argue for a reduced charge or a shorter sentence so that you do not face deportation.
Is Proposition 47 going to be of use to me?
Furthermore, Proposition 47 reduced the severity of many California offenses, making several acts that were formerly felonies just misdemeanors. As a result, certain offences can now be classified as small misdemeanors for purposes of immigration. This might be excellent news for your criminal and immigration situations, respectively. If the maximum sentence for a crime has been reduced, you can petition the court to apply it to your case retroactively—but this does not always happen. To find out if Proposition 47 will affect you, contact Chambers Law Firm.
What are the definitions of aggravated felonies?
There is a list of offenses that are deemed aggravated felonies for deportation, unlike acts of moral turpitude. Furthermore, even if it is your first offence and you entered the US legitimately more than five years ago, you are deportable. A crime of moral turpitude can sometimes be classified as an aggravated felony. Here are a few instances of aggravated felonies:
- Murder, rape, or sexual abuse of a minor
- Trafficking in narcotics
- Trafficking in weapons
- Violent offenses that carry a sentence of a year or more in prison
- Theft offenses that carry a sentence of five years or more in prison
- Human trafficking
- Pimping
- Failure to appear in court after being charged with a crime that carries a sentence of more than two years in jail
Do you have any questions concerning your criminal law case in Southern California?
If you or a loved one is facing criminal charges and are concerned about deportation, you need Dan E. Chambers, Southern California’s best criminal defense attorney, on your side. Because immigration and criminal law are two very different and specialized professions, you will still need to hire a separate lawyer to handle your immigration difficulties. Contact Chambers Law Firm now by calling 714-760-4088, emailing dchambers@clfca.com to request a free legal consultation.
