Not only can a criminal conviction result in a jail/prison sentence, fines, and a permanent criminal record, but it can also lead to deportation if you are a legal or illegal immigrant. This means no matter how long you have lived in the U.S., where you have children who were born in the country, or your legal immigration status, you could be deported for being convicted of a crime.
In California, there are five types of crimes which can lead to deportation: crimes of moral turpitude (CMT), aggravated felonies, drug crimes, gun crimes, and domestic violence.
Crimes of Moral Turpitude
Although CMTs are not properly defined in U.S. immigration law, serious crimes involving dishonesty, injustice, and immorality full under this category. According to the Board of Immigration Appeals (BIA), an individual who commits a CMT should have had either acted with evil intent or recklessness.
The following are considered CMTs according to federal law:
- Murder or attempted murder
- Voluntary or involuntary manslaughter
- Hit and run
- Grand theft auto
- Assault with a deadly weapon
- Child abuse and endangerment
- Indecent exposure
- Possession of a firearm despite being a convicted felon
- Conspiracy to commit a CMT
An immigrant is subject to deportation after lawfully entering the U.S. if he/she is convicted of two distinct CMTs or one CMT when it was committed within five years after entering the country.
One conviction of any of the following aggravated felonies can lead to deportation from the United States:
- Child pornography
- Smuggling illegal immigrants
- Weapons trafficking
- Sexual abuse of a minor
- Fraud crimes involving property worth more than $10,000
- Tax evasion
- Money laundering
Nearly all drug crimes in California are subject to deportation, losing asylum status, barring citizenship, and cannot gain lawful residency in the United States.
Common drug crimes include:
Firearm offenses which will result in deportation upon conviction include:
- Illegal purchase of firearms
- Attempting to illegal purchase a firearm
- Illegal use of firearms
- Illegal possession of firearms
- Illegal exchange of firearms
- Illegal sale of firearms
Domestic Violence Offenses
Domestic violence crimes which will lead to deportation upon conviction include:
- Domestic abuse
- Child abuse
- Violating a protective order
- Child abandonment
- Child neglect
Avoid Deportation by Hiring Our Ventura Criminal Defense Lawyer Today
Due to the recent changes to the federal immigration policy by the current administration, Immigration and Customs Enforcement (ICE) has the power to open deportation proceedings for legal immigrants convicted or even accused of a serious crime. At Wilfert Law P.C., our goal is to help our clients get the best results possible—even if that includes staying in the country.
Contact us and schedule a free consultation to discuss your situation with our experienced legal team today.