Misdemeanors are generally low-level crimes that often result in penalties less severe than felonies. Even so, the effects can be life-altering, especially if you are not a U.S. citizen.
For noncitizens charged with misdemeanors, the biggest concern is whether a misdemeanor can lead to deportation. The short answer is yes, it is possible. However, deportation is not always automatic.
Here are some answers that might provide more clarity.
What are misdemeanors?
Misdemeanors are offenses that are generally considered less serious than felonies. These are crimes punishable by less than a year in jail, fines, probation and community service.
Examples include:
- Simple assault
- Petty theft or shoplifting
- Reckless driving
- Harassment
Many misdemeanors are not serious enough to lead to deportation. However, courts usually look at the nature of the crime instead of its classification. Judges will determine if the crime is a deportable offense.
What are deportable offenses?
There are two types of offenses that can trigger removal proceedings or deportation. These include crimes or moral turpitude and aggravated felonies.
There is no universal definition for crimes of moral turpitude, but according to the U.S. Citizenship and Immigration Services (USCIS), these are crimes that are considered offensive to the moral standards of society.
In simpler terms, these are offenses that involve fraud, dishonesty and other acts that go against society’s standards of honesty, fairness and good morals.
Offenses that fall under this category include:
- Crimes against another person: Intentional or reckless acts that cause physical or emotional harm to others, such as murder or assault.
- Crimes against property: Illegally taking or damaging someone else’s property, including theft, arson and vandalism.
- Sexual and family crimes: Sexual offenses or crimes involving family members, such as rape, child abuse and spousal abuse.
- Crimes against authority of the government: Often involving fraud, such as bribing a government official.
On the other hand, the Immigration and Nationality Act (INA) lists specific aggravated felonies under immigration law. These include but are not limited to:
- Murder
- Rape
- Theft
- Child pornography
- Firearm offenses
- Drug trafficking
Note that some felonies listed by the INA can fall under the misdemeanor classification. For example, theft may be a misdemeanor but can become a deportable offense.
How can you defend yourself?
Facing the risk of deportation can be a terrifying experience, but you don’t have to do it alone.
Whatever your charge may be, consider talking to a defense lawyer who can provide the guidance you need. They can help you understand your options, develop the strongest defense possible and fight for your legal rights.