September 6, 2024 | Criminal Law
If you’re facing criminal charges in Indianapolis, IN, it’s important to understand that some offenses may have implications beyond a potential jail sentence or fine. For non-U.S. citizens, certain crimes are particularly severe because they come with the risk of deportation.
Deportation can separate you from your family, disrupt your life and employment in the U.S., and force you to return to a country where you might no longer maintain strong ties. Understanding which offenses could render someone deportable is critical for decision-making leading up to trials and when considering plea bargains.
The Five Major Categories of Deportable Crimes
Non-U.S. citizens residing in Indianapolis or anywhere across the United States should be well-informed regarding what offenses can render them deportable from the country. The following are the five primary categories of deportable offenses:
Crimes of Moral Turpitude
Crimes of moral turpitude refer to offenses that reflect poorly on an individual’s character and are deemed contrary to community standards of justice, honesty, or good morals. These crimes can have serious implications for non-U.S. citizens, as convictions may lead to deportation.
Common crimes of moral turpitude include:
This isn’t an exhaustive list of the crimes that can be put in this category. Courts and immigration authorities decide what is considered a crime of moral turpitude on a case-by-case basis.
Aggravated Felonies
Aggravated felonies represent a serious class of crimes that could trigger deportation proceedings upon conviction.
These offenses generally include:
- Child pornography
- Human trafficking
- Kidnapping
- Lewd acts with a minor child
It’s essential for non-citizens to recognize the gravity of these offenses. They should consult an attorney who specializes in both criminal defense and immigration issues if faced with such charges.
Controlled Substance Offenses
Crimes related to controlled substances are taken very seriously and can lead to deportation for non-U.S. citizens.
These crimes include:
- Sale of a controlled substance
- Possession of a controlled substance with intent to distribute
- Trafficking of a controlled substance
- Aggravated driving under the influence
While drug offenses may seem less severe than the others listed, it’s critical to understand that these charges can still lead to deportation in some cases.
Firearm Offenses
Firearm offenses involve violations of laws concerning the possession, purchase, sale, or exchange of firearms. For non-U.S. citizens, these issues can pose significant risks in terms of deportation if convicted.
Examples include:
- Possessing a firearm illegally
- Purchasing a firearm despite prohibitions
- Selling or exchanging firearms unlawfully
Violations of federal law around firearm possession are particularly serious.
Domestic Violence
Domestic violence is often considered a deportable offense for non-citizens, which means that individuals facing such charges can risk removal from the country if convicted. Factors like prior offenses and the severity of the situation may heighten these risks.
If you’re not a United States citizen and you’re facing a criminal charge, it’s essential to speak to a criminal defense lawyer as soon as possible.
Potential Legal Defenses to Deportable Offenses
When facing deportable offenses, various legal defenses may be available to challenge the charges. A skilled attorney can navigate the complex interplay of criminal and immigration law. They will ensure that your rights are protected while exploring every possible avenue for defense.
The following are some ways to mitigate these consequences and fight back against the charges you’re facing:
Lack of Criminal Intent
You may defend against the charges by establishing that you did not have the intent to commit a crime. This can be crucial for offenses involving moral turpitude or controlled substances.
Insufficient Evidence
It’s the prosecutor’s job to prove all elements of a crime beyond a reasonable doubt. Your attorney can argue that there is insufficient evidence by pointing to inconsistencies in witness testimonies or a lack of physical evidence tying you to the offense.
Unlawful Search and Seizure
Suppose that law enforcement obtained evidence against you through an illegal search or seizure that violated your Fourth Amendment rights. Your lawyer may file a motion to suppress this evidence, which could potentially lead to dropped charges.
Plea Bargaining Options
Discussing plea deals with prosecutors can sometimes lead to lesser charges. This might result in avoiding deportation while still effectively addressing legal concerns. In some cases, the way a plea agreement is worded can have a significant impact on immigration. Even if the prosecutors don’t drop the charges, they may agree to word the deal in a way that prevents deportation.
An Indianapolis Criminal Defense Attorney Can Help You Avoid Potential Immigration Consequences
Understanding the major categories of deportable crimes and possible legal defenses to fight back is essential for non-U.S. citizens in Indianapolis, as a conviction can lead to severe consequences. These situations should always be handled with the help of an experienced defense lawyer. Contact our office to schedule a free consultation with an Indianapolis criminal defense lawyer.
Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 759-2599 or visit us at our Indianapolis law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Indianapolis
101 W Ohio St #2000
Indianapolis, In 46204
United States
