Crimes of Moral Turpitude, Aggravated Felonies, & Other Crimes Leading to Deportation | Alami Law

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Based on immigration law within the United States, some crimes could get you deported for those without citizenship. All immigrants, even those who have their green card, can get deported if they commit a crime. Immigrants arrested and charged with crimes of moral turpitude or aggravated felonies face deportation. Some specific crimes will classify as this.

Crimes of Moral Turpitude: What are They

This type of crime seriously violates the accepted standards within the community, and the Immigration and Nationality Act defined it. With that said, both the federal courts and the courts of California define this as corruption to one's basic social duties. Everyone owes this to everyone else, and they owe this to society in general. Basically, if you had to define crimes of moral turpitude, you'd say they were things like theft, dishonesty and intention to harm others.

Someone convicted of arson, grand theft auto, fraud, kidnapping, burglary, multiple DUIs or assault with a deadly weapon could find themselves facing deportation. Again, you don't have to even be an undocumented immigrant. You could have your green card and still face deportation if you get arrested for a crime like this. You should call an immigration lawyer in Los Angeles as soon as possible to help you fight some of these charges. A deportation defense attorney Los Angeles law firm will look at the specifics of your case to figure out how to proceed.

One Crime Doesn't Mean Deportation

Courts in the United States have mercy on people. Just because you commit one crime of moral turpitude doesn't mean that you will get deported, but you could be deported if you are convicted of a crime where you will have to serve one year or longer within five years. You could also suffer deportation if you have committed two crimes of moral turpitude within two separate criminal schemes.

Deporting for Aggravated Felonies

You could also face deportation for what's known as aggravated felonies. This could lead to you getting deported within the United States. Moral turpitude crimes haven't received a concrete definition outside of the INA, but some of these crimes committed include:

  • Murder
  • Sexual abuse of a minor
  • Child pornography
  • Money laundering
  • Rape
  • Tax evasion of more than $10,000
  • Drug and firearms trafficking

You don't get any leniency with aggravated felonies. If you get convicted of an aggravated felony, you can expect that you will face deportation. Perhaps you were wrongfully accused, however. You could speak with a deportation lawyer Los Angeles law firm to help fight for you and defend your rights. A removal proceedings immigration lawyer Los Angeles firm understands the process of what happens during the removal proceedings, and they can occasionally find ways that they can get around it.

An immigration lawyer in Los Angeles could prove a point where you face torture if you go back to your home country, and this can help you to avoid deportation. Still, it's better that you never find yourself in these circumstances to begin with because it can be a tough case. A good deportation lawyer Los Angeles law firm will help you to understand how to proceed.

Other Crimes Where You Can Get Deported

The two above classify as crimes where you could get deported under different circumstances. With an aggravated felony, you could get deported right away, whereas crimes of moral turpitude could still see you deported from the country. You could still face deportation for some of the other crimes that get committed, such as:

  • Child abuse
  • Child neglect
  • Espionage
  • Human trafficking
  • Drug crimes
  • Domestic violence
  • Illegal sale of firearms
  • Illegal possession of firearms
  • Terrorist activities
  • Stalking

When President Donald Trump entered US office, he demanded that more deportations take place. He issued several executive orders on this that only raised the number of deportations. While President Barack Obama was in office, he established a program known as the Priority Enforcement Program. This meant that the courts focused more on those who committed serious crimes. For example, gang crimes and aggravated felonies led to them going back to their home country. That or getting three misdemeanors or more could lead to getting deported. If this is your situation, then you have to speak with a removal proceedings immigration lawyer Los Angeles law firm.

Undocumented Immigrants

Technically, any immigrant who comes to the country illegally could face deportation. In fact, that became a priority in 2014 as they started to prioritize anyone who was undocumented as well as serious crimes. Even if someone has committed no other crime, they could still face deportation. They haven't defined what a criminal alien classifies as, which only complicates the situation. Also, it depends on the crime that the immigrant may have committed. In some cases, they will be incarcerated before getting deported if they commit some other crime. 

Unforgiving Laws

Working as a deportation defense attorney Los Angeles law firm, we have seen heartless cases where the law overreached and tried to deport people who didn't deserve to get deported. Anyone who has had contact with the criminal justice system, even if they didn't commit the crime, could face deportation. That's why immigrants have to especially be careful right now under the Trump Administration. Over 30 different offenses qualify as aggravated felony. Even in states where it might be legal for consensual sex between a 21 year old and a 17 year old, they could still face deportation despite it being legal. You have to be careful.

An estimated 85 percent of the people detained in ICE detention centers are said to be there because they were high priority. Either they committed serious crimes in the United States, or they tried to cross the border illegally.