If you are not a U.S. citizen, a criminal conviction in Arizona can have consequences that go far beyond time spent in jail. Under federal immigration law, certain convictions can lead to the loss of the ability to return to the United States or deportation.
Many people assume that only serious felonies cause immigration problems. In reality, immigration law casts a much wider net. Misdemeanor convictions, multiple offenses, and crimes classified as “moral turpitude” can all create risks.
Learn more about the potential consequences below, and reach out to an attorney for a free consultation if you’ve been charged.
How Immigration and Criminal Law Interact
Criminal cases are prosecuted under Arizona or federal law, but immigration consequences are always governed by federal law. That means a state court judge does not decide whether a conviction makes you deportable. Instead, immigration authorities review your record after the conviction.
The Immigration and Nationality Act (INA) identifies many types of offenses that can affect noncitizens. Convictions for these crimes can trigger removal proceedings and have other serious consequences that may bar your reentry into the country. The key issue is not how the state labels the crime, but how immigration law categorizes it.
Crimes Involving Moral Turpitude
One major category is crimes involving moral turpitude (CIMTs). These are offenses considered to show dishonesty or conduct society finds especially wrong.
Examples include:
- Theft and burglary
- Fraud and forgery
- Assaults that involve intent to cause serious harm
- Domestic violence
A single CIMT may not always make someone deportable. However, if it occurs within five years of entering the U.S., or if there are two or more CIMT convictions at any time, removal proceedings may follow.
Aggravated Felonies
The INA also lists aggravated felonies, which carry some of the harshest consequences under the law. Despite the name, some offenses classified this way under immigration law may not even be felonies under Arizona law.
Examples include:
- Drug trafficking
- Firearms trafficking
- Rape or sexual abuse of a minor
A conviction for an aggravated felony almost always results in deportation, and defenses are extremely limited. In many cases, an aggravated felony conviction also bars relief such as asylum or cancellation of removal.
Drug Crimes and Immigration
Drug-related offenses are another area that creates immigration problems. Under federal law, nearly all controlled substance convictions make a noncitizen removable. The only narrow exception is for a single offense involving possession of 30 grams or less of marijuana for personal use.
Arizona’s drug laws are strict in this area, which means prosecutors often pursue aggressive charges for defendants. In reality, a seemingly minor misdemeanor drug possession charge can still put lawful permanent residents and undocumented immigrants at risk.
Timing and Multiple Convictions
Immigration law also looks at the timing and number of offenses. For example, one CIMT may not lead to deportation by itself, but multiple convictions (even for different offenses) often will.
In addition, the timing of the crime matters. An offense that occurs soon after lawful entry, for instance, may create stronger grounds for removal than the same offense years later.
Arrests Versus Convictions
A common question is whether an arrest alone can trigger deportation. Generally, immigration consequences require a conviction. However, arrests still matter, as they can affect things like bond decisions and the likelihood of being placed in removal proceedings.
For this reason, noncitizens should take any arrest seriously, regardless of whether the charges are later reduced or dismissed. Consulting with a criminal defense attorney who understands immigration law is the safest way to protect your future.
How Can a Criminal Defense Lawyer Help Me Fight Back?
The overlap between criminal and immigration law can be complex at many stages of the process, including plea deal negotiations.
For example, pleading guilty to a misdemeanor theft charge might avoid jail time but still be considered a deportable CIMT. An experienced defense attorney can help you evaluate and follow through with your best course of action.
Some of the ways an attorney can help include:
- Analyzing how charges may affect immigration status
- Negotiating plea agreements that avoid triggering removal grounds
- Challenging evidence or procedures to prevent a conviction
- Working with immigration lawyers to build a coordinated defense
- Represent you at all hearings and court appearances
Ultimately, your lawyer’s goal is not only to handle your criminal case successfully but also to safeguard your ability to remain in the United States.
Contact the Tucson Criminal Defense Attorneys at Katsarelis Law Criminal Defense Attorneys for Help Today
For noncitizens in Arizona, a criminal conviction can threaten far more than the immediate penalties imposed by the court. The fact of the matter is that a single conviction may place your status at risk depending on your record and the circumstances of your case.
If you are facing charges, it is vital to understand both the criminal and immigration consequences before making any decisions. Katsarelis Law Criminal Defense Attorneys is here to help.
With the help of a skilled Tucson criminal defense lawyer, you can fight the charges against you and work to protect your right to stay in the country. Contact us today at (520) 510-0439 for a free consultation.