January 30, 2023 by Mikel Rastegar in Criminal Defense Federal Crime

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Immigration Law meets Criminal Law

As an immigrant, it can be difficult to understand the legal system and the potential consequences of committing certain crimes. One term that is often misunderstood is “aggravated felony”. It’s important to have a basic understanding of what this means and how it could potentially impact your life.

In this article, we’ll explain the meaning of an aggravated felony, explore the different types of aggravated felonies, and discuss the immigration consequences of an aggravated felony. We’ll also provide a list of aggravated felonies, the penalties associated with them, and how to defend against an aggravated felony charge. Lastly, we’ll offer resources for those facing an aggravated felony and discuss alternatives to deportation.

What is an Aggravated Felony?

An aggravated felony is defined by U.S. law as any crime that carries a sentence of one year or more in prison, regardless of whether the sentence was imposed or suspended. This definition includes felonies such as murder, rape, drug trafficking, money laundering, fraud, theft, robbery or burglary. It also includes some misdemeanors such as domestic violence or assault resulting in bodily injury. In the United States, an aggravated felony is a crime that is punishable by at least one year in prison.

The term “aggravated felony” is often used in immigration law to refer to certain criminal offenses that are grounds for deportation or exclusion from the United States.

These offenses can include violent crimes, drug-related crimes, fraud, and certain immigration-related crimes.

State-by-State Definition

In some states, aggravated felonies include only very serious offenses such as murder, rape, and burglary. In other states, the definition of an aggravated felony is much broader and can include less serious crimes such as petty theft or driving under the influence.

Still in other states, kidnapping, armed robbery, drug-related crimes, fraud, certain immigration-related offenses, and sometimes even theft, such consider grand theft or carjacking as aggravated felonies. We suggest googling it by state.

How to Avoid Being Charged With An Aggravated Felony

The best way to avoid being charged with an aggravated felony is to stay informed about the laws in your area and not commit any crimes that could result in your arrest and/or conviction for a serious offense. If you do find yourself facing criminal charges that could lead to an aggravated felony conviction, seek legal counsel immediately so that you can protect your rights and make sure your case is handled appropriately under current laws.

Consequences of an Aggravated Felony

If you are convicted of an aggravated felony, you may face several potential consequences. Many immigrants who are convicted of an aggravated felony are subject to deportation since this type of crime can render you ineligible for a visa or other forms of immigration relief such as asylum or permanent residence status (green card). Additionally, if you have been convicted of an aggravated felony in the past five years, you may be barred from applying for citizenship or re-entering the United States after traveling abroad. Finally, some states may bar anyone with an aggravated felony conviction from voting in state elections.

Immigration Consequences

One of the most serious consequences of an aggravated felony is deportation. Under federal immigration law, an aggravated felony is grounds for deportation or exclusion from the United States. This means that if a person is convicted of an aggravated felony, they may be subject to deportation or exclusion from the United States.

It’s important to note that the immigration consequences of an aggravated felony are very serious. In some cases, a person convicted of an aggravated felony may not be eligible for certain immigration benefits, such as asylum or cancellation of removal.

Penalties for Aggravated Felonies

The penalties for aggravated felonies vary from state to state. In some states, aggravated felonies are punishable by up to life in prison, while in other states, the penalties may be much less severe. In addition to prison time, a person convicted of an aggravated felony may face other penalties, such as fines, probation, or loss of certain rights and privileges.

It’s important to note that in certain cases, a person convicted of an aggravated felony may be subject to deportation or exclusion from the United States. Therefore, it’s important to consult with an experienced immigration attorney to determine the immigration consequences of an aggravated felony.

How to Defend against Aggravated Felony Charges

If you’re facing criminal charges for an aggravated felony, it’s important to consult with an experienced criminal defense attorney. An experienced attorney can help you understand the charges you’re facing and develop a defense strategy that is tailored to your particular case.

In some cases, an experienced attorney may be able to negotiate a plea bargain in which the aggravated felony charge is reduced to a lesser offense. This can help minimize the potential penalties you’re facing and can also reduce the likelihood of deportation or exclusion from the United States.

Resources for those Facing an Aggravated Felony

If you’ve been accused of an aggravated felony, it’s important to seek legal advice from an experienced criminal defense attorney. In addition, there are many resources available to help those facing an aggravated felony.

The American Bar Association (ABA) provides a list of resources for those facing an aggravated felony. The ABA’s list includes links to legal aid organizations, public defenders, and other organizations that can provide assistance to those facing an aggravated felony.

In addition, the American Civil Liberties Union (ACLU) provides a list of resources for those facing an aggravated felony. The ACLU’s list includes links to organizations that provide legal assistance, advocacy, and education for those facing deportation or exclusion from the United States.

Alternatives to Deportation

If you’ve been convicted of an aggravated felony, you may be subject to deportation or exclusion from the United States. However, there are certain alternatives to deportation that may be available to you.

For example, if you’ve been convicted of an aggravated felony, you may be eligible for a waiver of inadmissibility. A waiver of inadmissibility is a special form of relief that can allow you to remain in the United States despite your conviction.

In addition, if you’ve been convicted of an aggravated felony, you may be eligible for cancellation of removal. Cancellation of removal is a form of relief that can allow you to remain in the United States despite your criminal conviction.

It’s important to note that the availability of these alternatives to deportation will depend on your particular circumstances. Therefore, it’s important to consult with an experienced immigration attorney to determine if you’re eligible for any of these forms of relief.

Violent vs. Non-Violent

Aggravated felonies can be divided into two main categories: violent and non-violent. It’s important to note that each state has its own definition of what constitutes an aggravated felony, so it’s important to consult a local attorney to determine if a particular offense is considered an aggravated felony in your state.

The penalties for aggravated felonies vary from state to state, and an aggravated felony is grounds for deportation or exclusion from the United States. If you’re facing criminal charges for an aggravated felony, it’s important to consult with an experienced criminal defense attorney. In addition, many resources are available to help those facing an aggravated felony. Finally, there are certain alternatives to deportation that may be available to those who have been convicted of an aggravated felony.

Being convicted of an aggravated felony carries significant consequences for immigrants living in the United States including deportation, denial of citizenship or green card applications, and even loss of voting rights in certain states. To avoid these potential outcomes it’s important to stay informed about relevant laws and seek legal counsel if you find yourself facing criminal charges that could lead to such a conviction. By understanding the definition and consequences associated with being charged with an aggravated felony, immigrants can take steps to protect themselves from becoming victims of these serious offenses.

If you’re facing an aggravated felony charge, don’t hesitate to seek legal advice from a qualified and experienced defense attorney. With the right legal advice, you can better understand the charges you’re facing and develop a defense strategy that is tailored to your particular case. In addition, it’s important to consult with an experienced immigration attorney to determine the immigration consequences of an aggravated felony and to determine if you’re eligible for any of the alternatives to deportation.

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Seppi Esfandi is an Expert Attorney who has over 21 years of practice defending a variety of cases.

Criminal Defense

What is an “Aggravated Felony” in Criminal Law?