How to Defend Against Deportation When You Are Charged with a Crime in California
If you are facing criminal charges in California, you may be worried about how those charges could lead to deportation. Criminal convictions can have severe immigration consequences, including deportation, regardless of your immigration status. Whether you are undocumented or a legal permanent resident (LPR), it is critical to understand how certain criminal convictions could jeopardize your ability to remain in the United States.
At Burga Law Firm, PC, we specialize in criminal defense and immigration law, helping clients across California protect their rights in both criminal and immigration courts. Here, we'll break down how some crimes lead to deportation and how our experienced legal team can help you defend against it.
Crimes That Can Lead to Deportation
U.S. immigration law divides criminal offenses into categories, some of which can make you deportable, even if you have legal status. Not all crimes will result in deportation, but many do. Below are the most common crimes that can lead to deportation under federal immigration law, with their corresponding California Penal or Health and Safety Codes:
1. Aggravated Felonies
Aggravated felonies are the most serious offenses in immigration law, and a conviction for an aggravated felony almost always results in deportation. Some common examples include:
- Murder – Penal Code § 187
- Rape – Penal Code § 261
- Drug trafficking – Health and Safety Code § 11352 (selling, transporting, or giving away controlled substances)
- Sexual abuse of a minor – Penal Code § 288
2. Crimes of Moral Turpitude
A crime of moral turpitude (CIMT) involves acts of dishonesty, fraud, or intent to harm others. Some examples include:
- Grand theft – Penal Code § 487
- Fraud – Penal Code § 484
- Assault with intent to commit a crime – Penal Code § 220
A single conviction for a CIMT may not result in deportation, but multiple convictions or a conviction within five years of admission to the U.S. as a lawful permanent resident can.
3. Controlled Substance Offenses
Any conviction involving a controlled substance, except for possession of 30 grams or less of marijuana for personal use, can make you deportable. Common controlled substance offenses include:
- Possession for sale of controlled substances – Health and Safety Code § 11351
- Possession of drug paraphernalia** – Health and Safety Code § 11364
4. Domestic Violence Crimes
Convictions for domestic violence, child abuse, or violation of a restraining order can also trigger deportation proceedings. These offenses include:
- Corporal Injury to Spouse or Cohabitant – Penal Code § 273.5
- Child abuse or endangerment – Penal Code § 273a
- Stalking – Penal Code § 646.9
Crimes That May Not Lead to Deportation
Not all criminal convictions will necessarily result in deportation. Some minor offenses, especially if they do not fall under the categories of aggravated felonies or CIMTs, may not result in removal from the U.S. These include:
- Simple possession of marijuana (less than 30 grams) – Health and Safety Code § 11357
- Minor traffic violations (e.g., speeding, running a red light)
- Drunk in public – Penal Code § 647(f)
However, any criminal conviction can raise red flags with immigration authorities, so it's essential to handle these cases with care.
Defending Against Deportation: How Burga Law Firm, PC Can Help
If you're facing deportation due to criminal charges, the stakes are high. A conviction in criminal court could lead to removal proceedings in immigration court. However, with the right legal strategy, it is possible to avoid or mitigate these consequences.
At Burga Law Firm, PC, we take a proactive approach to defending our clients in both criminal and immigration courts. Here's how we can help:
1. Negotiating Lesser Charges
One of the most effective ways to avoid deportation is to avoid a conviction for a deportable offense. We can negotiate with the prosecution to reduce your charges to a non-deportable offense, such as a misdemeanor instead of a felony, or a crime that doesn't involve moral turpitude.
2. Post-Conviction Relief
If you have already been convicted of a deportable offense, you may still have options. We can help you seek post-conviction relief, such as vacating the conviction under Penal Code section 1473.7 or obtaining a reduced sentence that eliminates the immigration consequences.
3. Representation in Immigration Court
If you are placed in removal proceedings, we can represent you in immigration court, presenting evidence and arguments to show why you should not be deported. This may involve proving that you qualify for certain forms of relief, such as cancellation of removal, asylum, or waivers based on hardship to your family.
4. Customized Defense Based on Status
- Undocumented Immigrants: If you are undocumented, any criminal conviction can increase your risk of deportation. Our goal will be to secure the best possible outcome in criminal court while working to minimize your exposure to immigration enforcement.
- Legal Permanent Residents (Green Card Holders or LPR): If you are an LPR, certain criminal convictions can lead to deportation or prevent you from renewing your green card or applying for U.S. citizenship. We'll work to protect your status and avoid long-term consequences.
Protect Your Future with Burga Law Firm, PC
Deportation can tear families apart and result in life-altering consequences. Whether you're facing charges for a crime that could lead to deportation or you're already in removal proceedings, you need skilled legal representation that understands both criminal and immigration law.
At Burga Law Firm, PC, we've helped numerous clients across California defend their rights in both arenas. We know the system, and we know how to fight for your future. Whether you're in Rancho Cucamonga or anywhere in California, contact us today to schedule a consultation and protect your rights.
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