There are immigration consequences for pleading guilty or no contest to a crime. Even if the crime is just a misdemeanor, or adjudication is withheld.
There are crimes for which a conviction may result in mandatory deportation from the United States. Those crimes include:
Drug crimes
Possessing, selling, buying or owning firearms or any parts or accessories
Crimes of moral turpitude
Aggravated felonies
Failure to register as a sex offender
Committing acts of domestic violence, stalking, child abuse, neglect or abandonment, including violating a protective order
Prostitution
Violation of any US immigration laws, including failing to report address changes, falsifying immigration documents, falsely claiming US citizenship, helping others enter the country illegally and knowingly providing false or misleading information on any immigration document or application
Threats to national security, terrorism
Crimes of moral turpitude have been defined as any acts that involve a base or vile act, including:
Murder, homicide, voluntary manslaughter
Assault with a deadly weapon
Carrying a concealed weapon with intent to cause bodily harm to another
Sex offenses, including rape, sexual assault, prostitution
Child pornography
Embezzlement, theft, robbery
Arson
Welfare fraud
Fraudulently issuing check with insufficient funds
Receiving stolen property
Aggravated Felonies
A conviction of an aggravated felony is the category used most often to deport people from the US.
Some examples of aggravated felonies include:
Any crimes of violence requiring the use of force against a person or property that carry a jail sentence of at least one year
Sex crimes, sexual abuse of a minor
Child pornography
Bribery, forgery, counterfeiting, violation of certain gambling laws
Perjury, obstruction of justice
Theft, burglary, larceny
Drug crimes
RICO violations
Tax evasion
Human trafficking, prostitution
It is crucial that you understand what immigration consequences a plea of guilty or no contest could have. Also, a conviction at trial could also result in your deportation. You may want to consult a criminal defense attorney as well as an immigration attorney in order to determine whether a plea to a lesser charge would not result in your removal from the U.S.
Eric Matheny is a criminal defense lawyer who represents clients in Miami-Dade and Broward. Contact Attorney Eric Matheny directly to discuss your case.