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Committing a crime could mean deportation…or not

On Behalf of | Dec 11, 2020 | Firm News |

You came to the United States with good intentions, but after a serious car crash, you’re now facing criminal charges and other penalties. While you might not end up with a felony, the idea of getting either a felony or misdemeanor is weighing heavily on your mind.

It makes sense that you’d be concerned. In some cases, a conviction could lead to deportation. However, not every kind of criminal conviction will.

Will you be deported if you get convicted of a misdemeanor?

Not necessarily. Usually, the court takes the time to look at the type of crime you’re accused of when determining if it’s a deportable offense. For example, if you’re in a crash where someone dies, you may end up with a conviction for causing their death. However, that wasn’t voluntary or intentional, so deportation may not be on the table.

It can be hard to know what kinds of actions are defined as crimes involving moral turpitude. Crimes of moral turpitude are most likely to lead to deportation. For example, voluntary manslaughter, money laundering in excess of $100,000 or murder are all crimes of moral turpitude.

If you’re sentenced to over a year in prison, will you be deported?

It is more likely that you will be deported if you receive a prison sentence of a year or longer, even if your sentence is suspended. If you are sentenced with less than a year in prison or jail, then you’ll have a better chance of staying in the country.

Your attorney can talk to you more about your options since this is a complex situation to find yourself in.