Facing Charges of Aggravated Felony?
While anyone should take any type of criminal offense seriously, criminal convictions can have even more severe consequences for immigrants. Immigrants with certain criminal convictions can be detained and set for removal or deportation. This is especially the case if the conviction was for an aggravated felony.
In New Jersey, allegations by authorities are traditionally divided into two categories – disorderly persons offenses and indictable offenses. Indictable offenses can be compared to what other states call “felony offenses.” There are then different degrees of felony charges. For example, possession of a small amount of drugs is a 4th-degree felony while murder is a 1st-degree felony. There are then some circumstances that may cause a felony to be “aggravated,” which will increase the degree of the charges and the penalties associated with conviction.
Aggravated Felonies are Different for Immigrants
The above aggravated felonies apply to citizens, as United States immigration laws set out specific offenses considered to be “aggravated felonies” for immigration purposes. Some of these offenses are as follows:
- Drug trafficking
- Murder
- Rape
- Certain firearm-related crimes
- Sexual abuse by a minor
- Child pornography
- Arson
- Money laundering (more than $10,000)
- Tax evasion (more than $10,000)
- Fraud (more than $10,000 in losses)
- Violent crimes that result in more than one year in prison
- Theft crimes that result in more than one year in prison
- RICO crimes that result in more than one year in prison
There are additional offenses that may qualify as immigration aggravated felonies and any offense by a previously deported individual may be deemed as such.
The above offenses can result in deportation, removal, and ineligibility for asylum or naturalization. Therefore, it is extremely important to avoid a conviction whenever possible, which include guilty pleas as well as convictions at trial.
Because of the drastic potential consequences, any immigrant facing aggravated felony charges should have an experienced attorney who will take both the criminal and immigration consequences of a conviction into consideration. Too many defendants plead guilty to one of these offenses without fully realizing the implications of their decision.
In addition, if you have already pled guilty to an aggravated felony because you received inadequate information from your attorney, a crimmigration lawyer can help you seek post-conviction relief to help prevent removal or deportation.
Call 201-703-9400 today for more information.
Ronald P. Mondello, Esq. Attorney at Law fully understands the effects of criminal cases on the lives of immigrants, Whether you are facing charges or are an attorney defending an immigrant, please call our office for help today.
