As a criminal defense attorney in Los Angeles, California, it is quite often that I represent a person who is facing criminal charges and is not a United States Citizen.
I have also represented people facing deportation/removal for criminal and other grounds for many years. I have found that having an in depth knowledge of both fields has helped me represent my clients in both the criminal and immigration spheres.
The one thing is stress to criminal clients who are not United States citizens, is if you have a pending criminal case, the best thing you can do to avoid deportation is to hire a criminal defense attorney who also has knowledge of Federal immigration laws.
Many times trying to avoid deportation after a conviction is very difficult but if a criminal case is handled the right way, a person can avoid deportation based on criminal grounds.
In this blog I will discuss the most common criminal grounds for deportation. Please note however that every case is unique and only a qualified criminal defense attorney who also has experience with deportation defense can advise you of how to properly proceed on your particular case.
PLEASE ALSO NOTE THAT A PERSON WITH A GREEN CARD CAN BE DEPORTED FROM THE UNITED STATES FOR CRIMINAL GROUNDS EVEN IF THAT PERSON HAS BEEN HERE FOR MANY YEARS OR ALL OF HIS LIFE. THE CRIMINAL GROUNDS FOR DEPORTATION APPLY TO GREEN CARD HOLDERS AS WELL AS UNDOCUMENTED ALIENS.
FOR A FREE NO OBLIGATION CONSULTATION AND CASE REVIEW, CALL TOLL FREE AT 888 335-6008 OR CONTACT US HERE.
AGGRAVATED FELONY CONVICTIONS
An aggravated felony is the harshest kind of criminal conviction that a person can have in regards to immigration and deportation. Having an aggravated felony on your record will preclude a person from obtaining most forms of relief from deportation and leaves limited options to defenses. If you or a loved one is facing this type of conviction it is crucial to contact an attorney as soon as possible.
The following is a list of the most common crimes that may be considered aggravated felony crimes:
- Alien smuggling
- Attempt or conspiracy to commit any crime that is classified as an aggravated felony
- Bribery if the term of imprisonment is one year or more
- Burglary if the term of imprisonment is one year or more
- Child pornography
- Counterfeiting if the term of imprisonment is one year or more
- Most violent crimes if the term of imprisonment is one year or more
- Drug trafficking offenses
- Firearms Trafficking
- Forgery if the term of imprisonment is one year or more
- Fraud with a loss amount of more than $10,000
- Money laundering and other financial crimes where the amount exceeds $10,000
- Obstruction of justice if the term of imprisonment is one year or more
- Perjury and subornation of perjury if the term of imprisonment is one year or more
- Prostitution offenses such as pimping and pandering
- Making a ransom demand
- Receipt of stolen property if the term of imprisonment is one year or more
- Ay offense under the Federal RICO statutes if the term of imprisonment is one year or more
- Sex crimes involving minors
- Tax evasion of more than $10,000
- Theft related offenses where the term of imprisonment is one year or more
As you can see this list is extensive and that is just the most common ones, there are other criminal offenses that may be considered aggravated felonies for immigration purposes.
Other reasons for deportation include:
DOMESTIC VIOLENCE AND CHILD ABUSE OFFENSES
Criminal offenses that involve domestic violence are a very common criminal ground for deportation. They are also completely avoidable if handled the right way by a Los Angeles criminal defense attorney who has experience with deportation and knows the federal immigration laws. If you are facing criminal domestic violence charges it is imperative to seek proper counsel.
Criminal offenses involving weapons charges can lead to deportation. There are several crimes that can be considered weapons offenses for the purposes of immigration for instance an assault with a deadly weapon can be considered a weapons offense under certain circumstances.
CRIMES INVOLVING MORAL TURPITUDE (CIMT)
The government can initiate deportation/removal proceedings against a person convicted of two or more crimes of moral turpitude or one crime of moral turpitude if it occurs within 5 years of his admission to the United States.
This is probably the most avoidable criminal ground for deportation. They key to avoiding the drastic consequence of deportation and possible prolonged incarceration based on the commission of a criminal act involving moral turpitude is to act while the case is still pending in a criminal court.
If your case is already decided, it is still not too late; there are many defenses that are available to a person who has been convicted of a crime involving moral turpitude. But time is of the essence and you should immediately contact a criminal defense attorney who has knowledge of immigration and deportation laws.
CONTROLLED SUBSTANCES OFFENSES
Another common criminal ground for deportation is drug offenses. Recently the United States court of appeal made defending people convicted of drug crimes even harder. A person charged with a drug crime should immediately consult a criminal defense attorney who has knowledge of immigration and deportation laws
AN EXPERIENCED CRIMINAL DEFENSE LAWYER WHO HAS A KNOWLEDGE OF IMMIGRATION AND DEPORTATION LAWS CAN HELP YOU AVOID DEPORTATION
The best time to contact criminal defense attorney who has knowledge of immigration and deportation laws is when criminal charges are initially filed. That way you can avoid a criminal conviction that will later lead to deportation.
However, if you have already been convicted of a criminal charge and are now facing deportation, there still may be something that can be done to avoid the drastic effect of deportation and a prolonged time in immigration custody.
FOR A FREE NO OBLIGATION CONSULTATION AND CASE REVIEW, CALL TOLL FREE AT 888 335-6008 OR CONTACT US TODAY.