Criminal Immigration Attorneys in Hollywood
Defending Criminal Immigration Charges in Florida
Getting arrested and being charged with committing a crime have serious implications for individuals who are not citizens of the United States. What could be a good outcome on a criminal case for a regular citizen could jeopardize the immigration status of somebody who is a resident or an undocumented person in the United States.
If you have been arrested, charged, or convicted with a crime, these are the options that we can evaluate to fight your case:
- Immigration bonds
- 42a cancellation of removal for permanent residents
- Hardship waiver (212h)
- Aggravated felony waiver (212c)
- Stays of deportation
Before pleading guilty or accepting the charges, non-citizens should always consult with an experienced immigration attorney. The attorneys at Magilligan Law have experience in cases involving criminal charges or conviction. Attorney David Magilligan applies the knowledge and experience he gained as a prosecutor with the Miami State Attorney’s office to get the best outcome for clients with criminal records.
Crimes & Penalties That Impact Immigration Status
Concepts such as aggravated felonies, crimes involving moral turpitude, and crimes of violence are not known by most people. Immigrants who have been charged or have been sentenced for committing a crime need to be aware of what they mean.
Aggravated felonies are the most serious type of conviction for non-citizens of the United States.
Some of the aggravated felonies defined by the immigration statutes are:
- Alien smuggling (except for a first offense in which the person smuggled was the parent, spouse, or child)
- Child pornography
- Sexual abuse of a minor
- Drug trafficking
- Fraud, theft, and money laundering (if the amount involved is over $10,000)
- Illegal re-entry after deportation or removal for conviction of an aggravated felony
Crimes Involving Moral Turpitude
Crimes involving moral turpitude have not been specifically defined by the immigration laws. The courts have indicated that moral turpitude “refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one’s fellow man or society in general." Crimes of fraud generally involve moral turpitude.
Some of the crimes that are considered to involve moral turpitude are:
- Obstruction of justice
- Attempted murder
- Assault with a deadly weapon
- Fleeing and eluding a police officer
Crimes of Violence
The immigration laws have defined crimes of violence as “an offense that has as an element of the use, attempted use, or threatened use of physical force against the person or property of another, or any other offense that is a felony and that, by its nature, involves a substantial risk that the physical force against the person or property of another may be used in the course of committing the offense.”