For most US citizens, jail time after a conviction can be traumatizing. For immigrants, there is an added fear of deportation. Being deported means that you will be forcefully removed from the United States.
Certain criminal offenses are considered deportable even when committed by green card holders. These offenses include drug crimes, violent felonies, firearm offenses, or crimes of moral turpitude. Understanding the different crimes that could cause you to be deported helps you navigate your case and build a strong defense to avoid these harsh consequences.
Since deportable crimes are often very serious, it is vital to have the guidance of a skilled criminal lawyer when you battle the charges. Your attorney will protect your constitutional rights and help you avoid deportation.
The following are categories of deportable crimes under California law:
Crimes of Moral Turpitude
A crime of moral turpitude is an offense committed through dishonesty. The following crimes fall under this category:
Arson
Under California PC 451, you commit the crime of arson when you willfully and maliciously burn a property, structure, or forest land. Before you face a conviction for arson, the prosecutor must prove the following elements:
- You set fire to a building or forest land. Building property or a building involves any destruction by fire. You do not need to burn the entire structure to be charged under PC 451.
- Your actions were willful and malicious. Your actions are willful if you intentionally engage in a wrongful act.
Criminal Threats
Threatening to cause serious injury or death to another person is a crime under California PC 422. The elements that constitute this crime include the following:
- You threatened to injure or kill another person.
- You made the threats orally, in writing, or through electronic communication.
- You intended for the victim to understand the information as a threat.
- Your threats caused the alleged victim to fear for their life.
- The victim’s fear was reasonable under the circumstances.
Burglary
California burglary laws seek to punish individuals who enter a building to commit a crime. The evidence of forced entry is not enough to convict you of burglary in California. The prosecutor establishes your liability under this statute by proving that:
- You entered a locked building or structure.
- You entered the structure intending to commit grand theft, petty theft, or another felony. If you entered a commercial structure, it must be apparent that it was after business hours.
- You intended to steal property valued at $950 or more.
Embezzlement
You can be charged with embezzlement for using another person's property fraudulently. Often, this crime is charged against individuals with the authority to control money or assets in an organization. The elements that help prove your guilt for embezzlement include the following:
- A property owner entrusted it to you.
- The property owner did so because they trusted you to use the property or money correctly.
- You used the property for personal benefit.
- You intended to deprive the owner of its use.
A crime of moral turpitude results in deportation if:
- The court sentences you to jail for one year or longer.
- Your conviction occurs within five years of admission to the United States.
You can be deported if you face multiple convictions for crimes of moral turpitude. This will happen if the offenses arise from different categories of CIMT. In addition to deportation, crimes of moral turpitude could render you inadmissible.
Drug Crimes
California's drug crime laws are serious. You will face deportation and other immigration consequences for drug crimes ranging from simple possession to manufacturing and selling controlled substances. The government regulates the use and sale of controlled substances.
These substances could include illegal narcotics like cocaine, heroin, and meth or prescription pills obtained without a valid prescription. You will be deported for a drug if:
- The offense is an aggravated felony.
- You are convicted of two or more offenses with an aggregate of five years in prison.
- The drug offense is a crime of moral turpitude.
If you face a conviction for any of the following drug crimes, you could be deported:
Sale and Transportation of a Controlled Substance
Under HSC 11352, it is illegal to furnish, give away, or transport a controlled substance in California. You will be convicted of this crime if you:
- Sold, transported, or imported a controlled substance in California.
- You knew of the presence of the substance.
- You knew that the substance was controlled.
- The controlled substance was in a usable amount.
Possession for Sale of a Controlled Substance
California HSC 11351 makes it a crime to possess a controlled substance with the intention to sell it. Drugs named under this crime include cocaine, heroin, ecstasy, GHB, and LSD. You can also be charged with and convicted of this crime for possession of prescription medication like oxycodone with a prescription.
The first element used to convict you for possessing a controlled substance for sale is that you possessed the substance. Possession could be actual or constructive, depending on the circumstances. After proving possession, the prosecutor must clearly show your intention to sell the substance.
An intent to sell could be proven through an undercover officer's testimony, the substance's packaging, or the presence of drug paraphernalia. Possession of a controlled substance for sale can result in the forceful removal of immigrants from the U.S.
Possession of Marijuana for Sale
If you are found in possession of marijuana, and there is evidence to show your intent to sell, you can be arrested and charged under California HSC 11359. In California, simple possession of marijuana is legal. However, selling the substance without a valid license is an offense.
The prosecution must prove these facts to convict you of possession of marijuana for sale:
- You possessed or controlled marijuana.
- You of the presence of the substance.
- You knew that California drug laws control the substance in your possession.
- The substance was in a usable amount.
- You acted with the intent to sell the substance. Your intention to exchange marijuana for money is important under HSC 11359.
Manufacturing a Controlled Substance
Under California Health and Safety Code 11379.6, it is illegal to compound, convert, or manufacture a controlled substance. You will be convicted for this offense if there is evidence proving that:
- You manufactured, prepared, or compounded a controlled substance.
- You knew that the substance was controlled in California.
Evidence of a completed manufacturing process is unnecessary to find you guilty of this crime.
Violent Felonies
Another category of crimes that could result in deportation is violent or aggravated felonies. These are crimes that are always aggravated felonies, while others become aggravated felonies under certain circumstances.
A conviction for a violent felony attracts serious legal consequences. Additionally, you could face deportation or inadmissibility. Common offenses considered violent felonies include:
Child Pornography
You can be arrested and charged under California Penal Code 311 for producing or distributing child pornography. Child pornography under this statute is any content or image that depicts a minor engaging in a sexual act. The prosecutor does not need to show that you participated in producing the pornographic material. Mere possession of the content can land you in serious legal trouble.
After proving your interaction with pornographic material depicting minors, the prosecutor must prove your actions were willful. A child pornography conviction can attract serious consequences, including prison time and sex offender registration. For immigrants, the conviction can attract forceful removal from the country.
Murder
California law defines murder as causing another person's death maliciously. Murder is a serious crime, and it attracts serious consequences. Under California PC 187, murder is divided into first and second degrees. What differentiates the degrees of murder is how the victim dies.
If murder is premeditated or accomplished through torture and lying in wait, it will fall under the first degree.
If you commit murder during an argument, your crime falls under second-degree murder. If you are an immigrant facing murder charges in California, the likelihood of deportation is high. Individuals who commit murder are considered a threat to safety. Therefore, the ICE may not allow you an opportunity to remain in the country.
Rape
Under California PC 261, rape is using threats, force, or violence to engage in non-consensual sexual intercourse with someone else. The elements of rape include the following:
- You engaged in sexual intercourse with another person.
- You were not married to the alleged victim.
- The other person did not consent to the sexual acts.
- You accomplished the act through threats or violence.
Although consent is a significant element in proving rape, there are certain individuals who cannot consent to a sexual act, including:
- A mentally or physically disabled person.
- An intoxicated person. A drunk person lacks the necessary mental capacity to understand the nature of a sexual act.
- A person under eighteen years. In California, the age of consent for sex is eighteen years. Therefore, you cannot use consent as a defense against sexual contact with a child.
When an immigrant is convicted under PC 261, there is a high likelihood of deportation or inadmissibility.
Kidnapping
You commit the crime of kidnapping when you move another person a substantial distance without their consent, using force or violence. The elements of kidnapping under PC 207 include the following:
- You took or held another person by force.
- You moved the person a substantial distance.
- The alleged victim did not consent to the act.
- You did not have a reason to believe that the victim consented.
The specific distance through which you move the victim of your actions is unnecessary when securing a conviction under PC 207. Kidnapping is a serious offense. A conviction for this offense will result in imprisonment and hefty fines. In addition to prison time and fines, immigrants must worry about the possibility of deportation.
For aggravated felonies, deportation may be a possible consequence, even for holders of green cards. Having expert legal guidance by your side is important while you fight a kidnapping charge.
Firearm Offenses
Crimes involving destructive devices and firearms are aggressively prosecuted in California. You could be deported if you are convicted of illegally purchasing a firearm. However, you will only face deportation if you are found guilty of a federal firearm offense.
You will be deported for crimes under California law if the gun crime is a crime of moral turpitude. If you face charges for the following crimes, you will need a competent attorney to help you avoid deportation:
Assault with a Deadly Weapon
California law defines "assault with a deadly weapon" as using dangerous weapons to attack others. When establishing your guilt under California PC 245(a)(1), the prosecutor must prove that:
- You performed an act that could result in the application of force on another person.
- You performed the act using a lethal weapon.
- Your acts were willful.
- You knew or should have known that your actions were dangerous.
- You had the present ability to apply excessive force against the victim.
Shooting in an Occupied Building, or Vehicle
California Penal Code 246 makes it a crime for an individual to willfully or maliciously shoot into an inhabited dwelling, occupied vehicle, or inhabited house car. The prosecutor must prove the following elements to prove your guilt under PC 246:
- You willfully and maliciously shot a firearm.
- You shot the firearm in an inhabited.
- When you shot the firearm, you were not defending yourself.
Firing a weapon into an inhabited dwelling could see you spend up to seven years in jail.
Additionally, you risk facing severe negative immigration consequences.
Possession of a Firearm by a Convicted Felon
Although you can legally purchase and use a firearm in California, this does not apply to convicted “felons” or drug addicts. Under California Penal Code 29800(a), possessing a gun by a convicted “felon” is a crime.
Domestic Violence Crimes
Another major category of offenses that can result in inadmissibility or deportation is the violation of domestic violence laws. A single conviction for domestic violence can lead to deportation. A domestic violence crime is an offense committed against any of these individuals:
- Your former or current spouse.
- Someone with whom you have a child.
- A romantic partner.
Common domestic violence crimes include:
Corporal Injury to a Spouse
Under CPC 273.5, corporal injury to a spouse is the unlawful use of force on a spouse, cohabitant, or domestic partner. You can be arrested and charged under PC 273.5 for engaging in these acts:
- You inflicted a physical injury on another person.
- The victim of your actions is a former or current intimate partner.
- Your actions were willful.
- The injury resulted in a traumatic condition.
Inflicting corporal injury on a spouse is a wobbler. This means that the crime can attract felony or misdemeanor charges. As a felony, the offense can result in a lengthy prison sentence and negative immigration consequences like deportation.
False Imprisonment
California law defines false imprisonment as the unlawful restraining, confining, or detaining of another person against their will. False imprisonment falls under domestic violence when committed against an intimate partner.
Since the offense is a wobbler, it can be charged as a felony or a misdemeanor. The prosecutor must prove the following to secure a conviction:
- You used force or violence to restrain the victim.
- You force the victim to go or stay somewhere against their will.
Child Abuse
California PC 273d makes it a crime to inflict cruel punishment on a child. The prosecutor will use the following elements to prove that you committed child abuse:
- You willfully inflicted inhuman punishment on a minor.
- The punishment caused a traumatic condition.
- When you inflicted the injury, you were not disciplining the child. Parents have a right to discipline their children. However, the method used to instill discipline should be reasonable.
Having multiple convictions on your record can impact your immigration status.
Lewd Acts on a Child
California law is strict on protecting minors from any harm. Under PC, lewd conduct on a child is a crime you commit when you touch someone under the age of 18 sexually. Your intention to sexually gratify yourself is an important element that the prosecution must prove to establish your liability.
Find a Competent Immigration Lawyer Near Me
For immigrants, deportation is a harsh consequence after a criminal conviction. Even when you are a green card holder, some offenses could result in your forceful removal from the United States. The first aspect that Immigration and Customs Enforcement will look at when deciding on deportation is safety concerns.
If the court finds you guilty of an aggravated felony, you may be deported. Deportation will only occur after a conviction for a deportable crime. Hiring a competent lawyer while you fight charges for violent felonies, gun offenses, and drug crimes is critical to avoiding deportation.
Your attorney will advise you on the potential consequences of your crime. Additionally, the lawyer can help you build a strong defense against your criminal charges. At California Immigration Attorney, we offer expert legal guidance to all our clients battling charges for deportable crimes throughout California. Contact us at 424-789-8809 today.