Domestic Violence Conviction And Immigration Consequences

A non-citizen defendant who is convicted of a crime of domestic violence is deportable. In the State of California, there are various penal codes involving crimes of domestic violence. If you are a non-citizen accused of a crime of domestic violence in criminal court it is important to consider the potential immigration consequences when faced with a domestic violence conviction in criminal court.

Domestic Violence conviction

The Domestic Violence Ground For Deportability

The Domestic Violence Ground For Deportability

A Domestic Violence conviction can cause a permanent resident, refugee, or another person who has been admitted to the United States to be placed in removal proceedings and charged with being deportable. If the person is not eligible for and granted relief, they can be deported.

Other Consequences

A criminal defense attorney defending a noncitizen defendant in court must consider whether the conviction or conduct has any other potential immigration consequences. An offense that involves domestic violence or child abuse might also constitute a crime involving moral turpitude or an aggravated felony. Any “crime of violence” where a sentence of one year or more was imposed is an aggravated felony, regardless of the type of victim.

Moreover, in a situation involving child abuse, it is important to make sure a conviction relating to child abuse is not also an aggravated felony as “sexual abuse of a minor.” For a noncitizen defendant, it is very important when facing accusations of domestic violence that the immigration consequences of a specific plea are taken into account.

Accepting A Domestic Violence Plea Offer

Accepting A Domestic Violence Plea Offer

A noncitizen faced with domestic violence plea offer must take into account the associated adverse immigration consequences that attach to a domestic violence-related conviction. A noncitizen defendant that is faced with this reality must take care, not to plea to a crime of violence (COV) under the United States Federal Code. The United States Federal Code described which crimes in State court can be used to remove a noncitizen from the United States. If the offense is not a COV then it is not a deportable crime of Domestic Violence, even if the defendant and victim have a domestic relationship. For example, some state spousal battery statutes are not deportable crimes of domestic violence, because the battery is not a COV because it can be committed by offensive touching. For this reason, it is important to have competent counsel that will be able to navigate the harsh immigration consequence.