GUN CRIMES

Several weapons offenses are considered aggravated felonies for immigration purposes, and whether you are a resident alien or seeking permanent status you need an attorney who understands how a charge or a conviction will affect your status in the United States. Many criminal defense attorneys have no idea that even if you have been in the United States since you were very young, but you are not yet a citizen of the US, that you can be deported if convicted of a class of offense which falls within the definition of an aggravated felony for immigration purposes.

An “Aggravated Felon” is a federal category of criminal aliens. Originally created in the 1988 Anti-Drug Abuse Act, “aggravated felony” originally included murder, rape, any drug trafficking crime, or any illicit trafficking in firearms or destructive devices. Congress expanded the category numerous times over the years, and the 1996 laws expanded it to include more than fifty classes of crime, some of which are neither “aggravated” nor a “felony” by criminal law standards (e.g. misdemeanor shoplifting with a one year sentence). A person convicted of an “aggravated felony” after 1996 is subject to mandatory detention (no bond) and mandatory deportation (no pardon). To find out if the charges against you may constitute an aggravated felony for immigration purposes immediately contact a criminal defense attorney at Motta & Motta.

More importantly, if your attorney is unfamiliar with the federal statutes involving deportability (whether an LPR can be deported) or inadmissibility (whether someone seeking to adjust their status or be admitted to the US or can be denied admission to the US) you may be at grave risk if you accept a plea. There is a statutory definition of “conviction” for immigration purposes. State law does not determine whether a state disposition will be considered a conviction for immigration law purposes. For example, dispositions involving drug treatment court, deferral of prosecution, expungement, and prayers for judgment continued may be treated as convictions for immigration purposes.

If you have been charged with a gun or weapons offense contact Motta & Motta today and speak with a criminal defense attorney about whether you are at risk of ICE initiating deportation proceedings if you are a legal permanent resident, or removability proceedings if you are seeking permanent status, and how a gun or weapons charge can impact your ability to obtain permanent status if you are not yet a resident. If you have already received an OSC (Order to Show Cause) or NTA (Notice to Appear) from ICE you should immediately call an immigration attorney. Contact a criminal defense attorney at Motta & Motta today for advice about how your criminal charges may affect your status in the United States. And for further detailed information about the relief available to you, or if you have already received a notice from ICE, you should also call an immigration attorney.