When a person faces an arrest and criminal charges in California, they risk facing severe penalties like prison time and fines. However, for an immigrant, there is an added fear of deportation. Under U.S. immigration law, some criminal offenses can trigger deportation. Crimes that can result in deportation include drug crimes, crimes of moral turpitude, and domestic violence crimes.
Being deported means that Immigration and Customs Enforcement (ICE) will forcefully remove you from the country. Facing deportation can be a traumatizing experience for you and your family. Therefore, you must aggressively fight your criminal charges to avoid a conviction. The moments following an arrest for a deportable crime can be challenging. For this reason, hiring and retaining a competent immigration attorney is critical.
Domestic Violence Crimes
Under California law, domestic violence is a violent act committed against an intimate partner. Crimes that fall under this category entail using force against another person or threatening to cause them harm. If you are charged and convicted of the following domestic violence crimes, you will face deportation along with other criminal penalties:
Corporal Injury on a Spouse
Under California PC 273.5(a), injuring a spouse, cohabitant, or parent of your child is a crime. The prosecutor proves you guilty under this statute by establishing the following elements:
- You intentionally inflicted physical harm on a spouse, cohabitant, or other parent of your child. Your actions against an intimate partner are considered intentional if you do them deliberately. Accidental accounts do not count as domestic violence in California.
- The injury you caused resulted in a traumatic condition. Any form of bodily harm, including minor injuries, is a traumatic condition for this offense.
- Your actions were not aimed at self-defense. California law allows you to defend yourself from any foreseeable harm. Therefore, you cannot be found guilty of domestic violence if you defend yourself.
Domestic Battery
California law defines battery as intentional, unlawful, harmful, or offensive contact. Your crime falls under domestic violence if intentional touching is done to an intimate partner. Under PC 243(e)(1), an intimate partner could be one of these individuals:
- Current or former spouse.
- Cohabitant.
- The other parent of your child.
- Domestic partner.
A critical element that the prosecutor must prove in this case is that you contacted the alleged victim.
Child Abuse
Children are a vulnerable group of individuals in society. Therefore, California's law on crimes affecting minors is strict. Child abuse is defined as inflicting inhuman punishment on a child. Common acts that can result in child abuse charges include:
- Slapping a child with force enough to leave a mark.
- Throwing a child against the wall.
- Striking a child with a belt.
- Punching the child.
Before you are found guilty of child abuse in California, the prosecutor must prove these elements:
- You inflicted cruel punishment on a minor.
- Your actions resulted in a traumatic physical condition.
- Your actions were not aimed at disciplining the child.
Parents have the right to discipline their children. However, the method of discipline should be reasonable. You could face serious criminal charges if you injure your child while punishing them. Your past convictions for child abuse or domestic violence could impact the punishment you face for this crime.
Elder Abuse
California PC 368 makes it a crime to cause physical, mental, or financial harm to an elder. Under this statute, an elder is a person over sixty-five. The elements of elder abuse include:
- You willfully caused or allowed another person to cause harm to an elder.
- The alleged victim was over sixty-five years old.
- Your actions were willful and unjustified.
- Your actions endangered the life and health of the victim. You endanger another person’s life by placing them in a position where they could suffer serious bodily injury.
Drug Crimes
California has strict drug laws. The state regulates the possession, sale, and use of some substances. The use of drugs can potentially cause harm to the user and fuel criminal behavior. For this reason, a conviction for some drug crimes could result in serious immigration consequences. Your drug-crime conviction will result in deportation under the following circumstances:
- The offense is an aggravated felony.
- You face a conviction for two or more drug offenses with an aggregate sentence of five years.
- The drug offense also falls under crimes of moral turpitude.
Common drug laws that could trigger deportation include:
Transportation or Sale of Drugs
California HSC 11352 makes transporting or selling a controlled substance an offense. The elements that dictate your conviction under this statute include:
You sold, furnished, or transported a controlled substance. California law controls the use of both illegal drugs and prescription medications. Therefore, you can be arrested for drug sales for distributing prescription drugs without a license.
The substance was in a usable amount. The prosecutor will derive your intent to sell a controlled substance depending on the amount of substance found in your possession. The severity of the punishment you will face for drug transportation and sale is determined by the drug category and the amount.
Simple Possession of Drugs
You can be charged with a crime under HSC 11350 if you possess a controlled substance for personal use. Although simple drug possession is a misdemeanor, it can result in serious immigration consequences. The elements of simple drug possession include:
- You possessed a controlled drug. Under California drug laws, possession of a controlled substance can be actual or constructive. Actual possession means the substance was on your person or in your bag. On the other hand, constructive possession means that you have control over the drug.
- You did not have a valid prescription. Although some substances are illegal, you can receive a prescription from a certified physician. Before your conviction for simple possession, the prosecution must prove you did not have a prescription.
- You knew the substance's nature. You will only be found guilty of simple drug possession if you know the substance is controlled in California. However, evidence that you knew the specific type of drug is unnecessary.
- The amount of the substance you possessed was usable. You cannot be found guilty of possessing traces of a controlled drug.
Drug Manufacturing
If you are arrested for manufacturing a controlled substance in California, you will face severe charges. Any person who compounds, manufactures, or produces a controlled substance can be found guilty of a drug crime under California HSC 11379.6. When proving your liability under this statute, the prosecutor must prove your knowledge that the substance you compounded was controlled.
Manufacturing controlled substances is a felony that attracts severe legal and collateral consequences. You could be deported from the United States even after serving your prison sentence.
Can I Avoid Deportation by Accepting Drug Diversion?
A drug diversion program is a treatment and rehabilitation program available for defendants facing a conviction for drug crimes in California. With such a program, you will undergo the necessary treatment and counseling in exchange for dismissing your case.
Also, entering drug diversion can help you avoid spending time in jail; the action will not negate your immigration consequences.
To avoid deportation, you must petition the court to vacate your conviction after completing drug diversion.
Firearm Offenses
California laws on the use of firearms are strict. Although you can legally purchase a gun, there are strict laws on how to carry it and where to use the forearm. Most firearm offenses attract felony charges. A conviction for the following gun offenses will result in prison time, fines, and sometimes severe immigration consequences:
Assault with a Deadly Weapon
Under California PC 245(a)(1), it is a crime to attack another person using a dangerous weapon. The elements that the prosecution must prove to show that you committed this offense include:
- You engaged in an act that could result in the direct application of force against another person.
- You performed the act using a deadly weapon or force that could cause serious injury.
- Your actions were willful.
- You could use force against the victim.
When the assault is committed using a firearm, you could face a felony charge. A conviction for assault with a firearm will result in a prison sentence of up to twelve years. Additionally, you will face harsh immigration consequences, including deportation and inadmissibility.
Drive by Shooting
If you shoot a firearm from a motor vehicle, you could be arrested and charged under PC 26100. Before your conviction for the offense, the prosecution must prove that:
- You brought or allowed another person to bring a firearm into your vehicle.
- You willfully shot at another person from within the vehicle.
Illegal Sale of Firearms
Selling or leasing a firearm without a valid license is a severe offense under PC 26500. Under this statute, a firearm is any device designed to expel a projectile through an explosion. This could include pistols, handguns, and shotguns. The illegal sale of firearms is a serious felony that could cause you to lose your immigration status.
However, you cannot be charged with illegal firearm sale under the following circumstances:
- You are acting under a court order.
- You want to dispose of an inherited firearm.
- You have a firearm sale license.
- You take your gun to the gunsmith for repair.
Crimes of Moral Turpitude
California law defines crimes of moral turpitude as offenses that involve:
- Dishonest and deceitful acts.
- Crimes involving cruel acts that could shock a reasonable person.
Most crimes of moral turpitude are serious. The consequences of a conviction for these offenses are life-changing. The concept of moral turpitude is critical in immigration cases. A conviction for a single offense of moral turpitude may not trigger deportation.
However, if you are a repeat offender or face multiple charges for a single criminal instance, you may lose your immigration status. Crimes of moral turpitude under California law include:
Pimping
California PC 266(i) makes it a crime to influence another person to engage in prostitution. The prosecutor must prove these elements to convict you of pimping:
- You persuaded someone else to become a prostitute.
- You used threats or promises to encourage another person to engage in prostitution.
- You used threats to cause another person to enter a brothel.
- You benefited from another person’s prostitution acts.
You can be charged with pimping even when you fail to lure someone else into prostitution.
Arson
Arson occurs when you willfully burn or help another person burn property. Mostly, you will be charged with arson for burning another person’s property. However, if you burn your property intending to commit fraud, you can be charged under Penal Code 451. The two elements that the prosecuting attorney must prove to establish arson include:
- You set fire to a property or structure.
- Your actions were intentional and malicious.
Embezzlement
If you use property entrusted to you for personal gain, you could be charged with embezzlement. A prosecutor uses the following elements to prove your liability for embezzlement:
- A property owner entrusted the property to you.
- The owner acted from a position of trust. A conviction for embezzlement requires the prosecution to show an existing relationship of trust between you and the alleged victim.
- You used the property for personal benefit. Your actions will be considered fraudulent if you use another person’s property for something other than its intended purpose.
- You intended to deprive the property owner of its use.
Robbery
California law defines robbery as using force to take property that belongs to another person. You will be found guilty of robbery under the following circumstances:
- You took property belonging to another person.
- You took the property in the victim’s immediate presence.
- You took the property without consent from the owner.
- You used force, threats, or violence to take the property.
- You intended to deprive the property owner of its use.
Robbery is a serious offense. A conviction for the crime can result in a lengthy prison sentence. PC After your conviction, ICE could begin deportation proceedings.
Violent Felonies
Aggravated felonies are another offense that can trigger deportation proceedings in California. Deportation for this category of crimes is automatic. Therefore, it is crucial to avoid a conviction at all costs. Examples of violent felonies under California law include:
Child Pornography
Producing, distributing, or advertising child pornography is a crime in California. In this case, child pornography is any material that depicts a minor engaging in sexual acts. Sexual intercourse, oral copulation, and exposure of genitals for sexual arousal are some of the sexual acts addressed under this law.
For child pornography laws, a child is any individual under eighteen. You may be charged with this offense if you are found to have child pornography on your computer. Whether or not you participated in producing the material will not impact your conviction.
Kidnapping
California PC 207 makes it a crime to take a person and move them a substantial distance against their will. The elements of kidnapping include:
- You used force or violence to take another person.
- You moved the alleged victim a considerable distance.
- The person did not consent to your actions.
Kidnapping is a felony that can see you spend eight years in prison. Additionally, the court can apply the three-strikes law to your case. This means you could spend 25 years or more in prison. For immigrants, a conviction for kidnapping can trigger deportation.
Rape
If you engage in non-consensual sexual intercourse with another person, you will be charged with rape. A conviction for rape requires the following elements to be clear:
- You engaged in sexual intercourse with someone else.
- The other person did not consent to the act.
- You used force, coercion, or violence to accomplish the act.
In California, rape is always charged as a felony. A conviction under PC 261 attracts severe legal and collateral consequences.
Burglary
Entering a locked building to steal or commit another felony will result in an arrest and burglary charges. When proving your guilt under PC 459, the prosecution must prove these elements:
- You entered a locked residential or commercial building.
- You intended to commit a felony or theft.
Find a Reliable Los Angeles Immigration Lawyer Near Me
Even as a legal immigrant, you risk losing your immigration status after a conviction for a deportable offense in California. Due to the recent changes in immigration policies, Immigration and Customs Enforcement can open deportation proceedings for individuals convicted of serious and violent crimes.
For most immigrants, deportation is the most dreaded consequence of a criminal conviction. A forceful removal will cause you to lose your livelihood and family in the U.S. However, most deportation proceedings begin after a conviction, and avoiding the conviction could save you from this legal action. If you or a loved one faces criminal charges for a deportable crime, it would be best to navigate the case with the insight of a knowledgeable lawyer.
At California Immigration Attorney, we understand the inconvenience that deportation can cause you and your family. Our skilled lawyers will offer you the guidance and representation you need to beat your criminal charges and avoid the criminal and immigration consequences of your conviction. Contact us at 424-789-8809 to book an appointment and discuss your case.