A conviction for a domestic violence crime or a related offense may subject a non-U.S., S. In some cases, it can also make an immigrant inadmissible for re-entry to the United States and not be eligible for the U.S. UU. Being convicted of any crime related to domestic violence has many collateral consequences that defendants often overlook, especially immigration consequences.
Even a Single Conviction for Domestic Violence Can Lead to Serious Immigration Consequences. Defendants who are not citizens of the United States should be warned that, in many cases, a single conviction for domestic violence can lead to deportation, deportation, or denial of naturalization. In most cases, people convicted of domestic violence will be subject to optional removal. This means that the judge can determine whether or not the person can remain in the United States and have citizenship.
However, if the defendant is convicted of an aggravated felony or a crime of moral turpitude, this will make him inadmissible in the United States. If you are concerned about the impact of domestic violence charges on immigration and deportation, the following information should be very useful. An experienced criminal defense lawyer can employ several different strategies to prevent you from being convicted. Our primary goal in all cases is to have the charges dismissed, if possible.
In other cases, we may reach a plea agreement with the prosecutor to modify the charges in a way that reduces or eliminates any risk of immigration penalties (non-removable offense). Occasionally, the only alternative is to take a case to trial by jury and seek acquittal (“not guilty plea”). The goal in these cases is to reduce the impact of domestic violence on immigration and deportation. Achieving a plea agreement that reduces or eliminates the consequences of immigration requires skill, expertise and experience.
Many lawyers are unaware of the pitfalls, consequences, and potential impact of various crimes. Conviction of most domestic violence crimes subjects a person to optional removal from the United States. Crimes that are considered aggravated felonies or crimes of moral turpitude (“IACML”) make a person inadmissible. The INA defines a “domestic violence crime” as a “crime of violence committed against (a current or former spouse), (someone with whom the defendant has a child), (a romantic partner) resident, or (any other person) who is protected by domestic or family violence laws.
A crime is a “crime of violence” if an element of the offense is the use, attempted use, or threat of use of physical force against the person or property of another person, or if the offense is a felony involving a substantial risk of physical force being used in the course of the commission of the offense. A felony can be a “crime of violence”, even if force is not used. Conversely, a misdemeanor can only be a crime of violence if force is used. The Impact of Domestic Violence on Immigration and Deportation Can Be Serious.
A non-citizen is deportable if a criminal or civil court makes a finding that he has violated a public protection order or restraining order, after admission to the United States, issued to prevent domestic violence. If an alien, previously convicted of an aggravated felony conviction, illegally re-enters the United States, the maximum penalty increases from 2 to 20 years in prison. Under immigration law, some domestic violence crimes are considered crimes involving moral turpitude (“CIMT)”. Domestic violence crimes involve moral turpitude when the crime contains criminal intent or recklessness, or when the crime is defined as morally reprehensible by state law.
Criminal intent or recklessness can be presumed if the crime involved a dangerous weapon or unwarranted violence. An IACML conviction can, with some exceptions, render a non-citizen inadmissible in the U.S. Due to the impact of domestic violence on immigration and deportation, the importance of avoiding a conviction cannot be overstated. The most effective way to avoid deportation is to have your domestic violence charge dismissed, have a jury acquit you, or plead guilty to a charge that has no immigration consequences.
Guilty plea negotiation means reaching an agreement with the prosecutor to change or reduce the charge in exchange for a non-challenge or guilty plea. If the prosecutor does not agree to a settlement for a crime without immigration consequences, he could accept a charge that does not trigger mandatory deportation or inadmissibility. Outside of domestic violence, there are a number of crimes that can be considered a crime of moral turpitude. Therefore, domestic violence defendants should know that deportation is a real possibility, even if they are not incarcerated for a year or more.
In addition to trying to remove some part of the necessary definition of a deportable domestic violence conviction from the conviction record, there are several techniques that can be useful. The INA considers a crime of violence to be any behavior that involves a substantial threat or risk of harm to the victim. Specifically in the case of domestic violence, the best thing to do is to plead something that doesn't include a sentence of more than 364 days, such as simple assault or battery. Have decades of experience handling domestic violence cases and representing clients who are not citizens of the United States.
As a former Deputy District Attorney with more than 14 years of experience as a prosecutor, Michael Kraut knows how to effectively defend clients accused of domestic violence. Let's discuss what can happen with respect to your immigration status if you are arrested and convicted of a crime of domestic violence. A conviction for domestic violence can be considered an aggravated felony if it is considered a crime of violence (defined in 18 U. In some cases, the conduct required for a domestic violence conviction may even be classified as an aggravated felony, which can trigger a process for the removal of an alien from the United States.
Non-citizens should know that being arrested or detained for a domestic violence crime can trigger automatic immigration withholding. Unfortunately, the risk of deportation doesn't end with the successful handling of your domestic violence charge. . .
