If you are not a United States citizen, a criminal conviction in California can put far more than your freedom at risk. Depending on the charge in question, it could also threaten your ability to remain in this country, regardless of whether you hold a green card or any other form of lawful immigration status.
Federal immigration law is what ultimately determines which offenses can trigger deportation. However, how your case is charged and resolved under California’s criminal code plays a major role in whether those federal consequences kick in. Continue reading for a closer look at how this area of the law works.
Categories of Deportable Offenses Under Federal Law
The Immigration and Nationality Act (INA) breaks deportable crimes into several categories. Each one carries its own rules, some of which can lead to mandatory removal from the country after a single conviction.
Aggravated Felonies
An aggravated felony conviction is a serious ground for deportation under federal immigration law. Despite the name, an offense does not necessarily have to be violent to fall within this category. Offenses like drug trafficking and some fraud-related convictions can also qualify, to name a couple of examples.
Crimes Involving Moral Turpitude
These are offenses that involve dishonest or morally offensive conduct, such as theft and certain sex crimes. A single conviction can make you deportable if it happened within five years of your admission to the country and carries a potential sentence of at least one year.
Two or more crimes involving moral turpitude that do not arise from a single scheme of criminal misconduct can also create grounds for deportation.
Drug Offenses
Many controlled substance convictions can trigger deportation. Federal law provides a narrow exception for a single offense involving possession for personal use of 30 grams or less of marijuana.
Firearms Offenses
Offenses related to firearms, including mere possession, can be enough to start removal proceedings on their own.
Domestic Violence
Certain convictions involving domestic battery, stalking, child abuse, child neglect, or child abandonment can make a non-citizen deportable. Certain violations of protection orders can also create grounds for removal.
Whether a particular California conviction qualifies depends on the offense and how federal immigration law applies to it.
How California Law Can Factor Into Your Defense
Federal law controls whether a criminal offense creates immigration consequences. However, California law includes protections designed to ensure that those consequences are considered when criminal cases are resolved.
Under Penal Code § 1016.3, defense attorneys must provide accurate advice about the potential immigration consequences of a proposed disposition. Prosecutors must also consider immigration consequences when negotiating pleas in an effort to reach a just resolution.
Post-Conviction Relief May Be Available
Penal Code § 1473.7 may provide another option in certain cases. It can allow a person to seek to vacate a conviction or sentence when prejudicial error damaged their ability to meaningfully understand, defend against, or knowingly accept the immigration consequences of a plea.
These protections do not guarantee that deportation can be avoided. The available options depend heavily on the criminal charge, immigration status, prior record, and how the case is resolved.
Steps to Take if You Are Facing Criminal Charges
If you are a non-citizen facing criminal charges:
- Contact a criminal defense attorney who understands immigration consequences
- Do not accept a plea before its potential immigration consequences have been evaluated
- Gather documents concerning your immigration history and current status
- Ask whether post-conviction relief may be available for a prior conviction
Addressing immigration issues before a plea or conviction can provide more options for protecting your immigration status.
Contact the Oakland Criminal Defense Attorney at Law Office of Nabiel C. Ahmed for Help Today
Criminal charges can create serious consequences for non-citizens, including the possibility of removal from the United States. Because immigration consequences often depend on the exact offense and how the criminal case is resolved, it is important to consider these issues before accepting a plea.
The Law Office of Nabiel C. Ahmed can review the charges against you, explain your defense options, and consider potential immigration consequences when developing a strategy for your case. Contact our Oakland criminal defense attorney today to schedule a consultation and learn more about your options.
We have convenient locations in Oakland and San Ramon, California.
Law Office of Nabiel C. Ahmed – Oakland
1305 Franklin St #411, Oakland, CA 94612
(510) 271-0010
We are available 24/7
Law Office of Nabiel C. Ahmed – San Ramon
2551 San Ramon Valley Blvd #206, San Ramon, CA 94583
925-725-4003
We are available 24/7
