Convictions for Domestic Violence And place Immigration status in serious peril . As an immigrant in Oklahoma, facing criminal charges can be a daunting experience, especially when charged with domestic violence. It’s not just the criminal case you have to worry about; your immigration status is also at stake. This post covers the connection between criminal charges and immigration status and how an individual can defend against charges.
Deportation Due To Domestic Violence
Charges for Domestic violence and your immigration status (e.g., assault and battery of a spouse or family member) carry severe repercussions. In the U.S., these convictions can trigger deportation processes, particularly for non-citizens like lawful permanent residents, refugees, or individuals on temporary visas. Under federal law, domestic violence is considered a deportable offense. This means if you’re a convicted immigrant, you face a high risk of being removed from the U.S. and barred from re-entering, sometimes for a decade or more.
The law categorizes crimes into two main groups: misdemeanors and felonies. Domestic violence can fall under either, depending on the severity of the offense. Domestic assault in the presence of a minor makes the crime worse. While misdemeanors are considered less serious, don’t be misled into thinking they won’t affect your immigration status. Repeated misdemeanors or a single misdemeanor in combination with other factors can still lead to deportation. Felonies, particularly aggravated ones, almost always lead to deportation proceedings.
In Oklahoma, your immigration consequences are also based on the nature of your crime. Crimes involving moral turpitude, which include domestic violence, are grounds for both inadmissibility and deportability. For immigration purposes, any guilty plea, no matter the sentence or whether it’s later vacated, is usually considered a conviction.
If convicted, the impact on your immigration status also varies based on your current standing. Lawful permanent residents may face deportation with potential bars to re-entering the U.S. Refugees are deportable for any criminal activity. Non-Citizens with student or employment visas may be deported for felonies or multiple misdemeanors. Asylees face deportation for particularly heinous crimes, and those with Illegal Status are deportable for any crime.
How A Criminal Lawyer Helps
So, what can your lawyer do in this situation? A lot depends on the specifics of your case and your current immigration status. If you’re a lawful permanent resident, non-citizen with a visa, refugee, or asylee, the strategy will differ. However, the overarching goal is to minimize the immigration impact of any criminal charge. This might involve negotiating a plea to a lesser charge that doesn’t carry the same immigration consequences or fighting for a complete dismissal of charges. You must be informed about the immigration consequences of any plea you take. Your lawyer should know your exact immigration status to advise you correctly.
Also, there are some exceptions and defenses available. For instance, if charged with domestic assault, common defenses might include self-defense, where the accused acted to protect themselves from harm; lack of intent, arguing there was no intention to cause harm; and consent, if the alleged victim consented to the actions leading to the charges. If the charge connected to deportation is thrown out, or it results in your acquittal, then the deportation issue is not necessary to deal with.
Also, if the crime was committed when you were under 18 or falls under the petty offense exception, it might not lead to severe immigration consequences. Your attorney will explore these avenues to find the best possible defense strategy.
Talk With A Domestic Assault and Battery Lawyer
If you’re an immigrant in Oklahoma charged with domestic violence, you’re in a complex situation, as your immigration status is linked to your criminal case. The best course of action is to engage an attorney experienced in both criminal and immigration law. They can help you understand the specific implications of your charge, explore possible defenses and exceptions, and guide you through the legal process while safeguarding your rights and status in the U.S. Tulsa Criminal Lawyers assist clients with the legal challenges of felony charges and their immigration consequences. If you’re an immigrant in Oklahoma facing domestic violence issues, contact Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or online for legal support.