If felony charges are against me but likely dropping down to a high misdemeanor for domestic violence, can chance I be deported?

Asked over 1 year ago - Bronx, NY

I have had other charge before but for DWI several times, trespassing and minor weapons charge with the past few years.

Additional information

High misdemeanor meaning Class A

Attorney answers (5)

  1. Michael Lewis Marley

    Pro

    Contributor Level 14

    10

    Lawyers agree

    Answered . There is a huge list of what are referred to by immigration as "aggravated felonies." I believe domestic violence, even if only a misdemeanor, is among them.
    Discuss immigration consequences with your criminal defense lawyer for sure but also consult an immigration law specialist for further edification.
    Obviously, the stakes are personally extremely high for you.

    Law Office Of Michael Marley
    Phone 917 853 4484

  2. James Regan

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . First, you should discuss this with your lawyer. If you do not have one, get one. You could be deported because it is domestic violence. There is also the chance that nothing will come of it until you try to reenter the country after leading. You may want to reconsider entering a plea and taking it to trial.

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.
  3. Eric Edward Rothstein

    Contributor Level 20

    8

    Lawyers agree

    Answered . Is this in NY? "High misdemeanor" is not a NY criminal term. NY has Class A and B misdemeanors.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  4. Jayson Lutzky

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . Consult with an immigration lawyer.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  5. Christopher Irvin Simser

    Contributor Level 19

    5

    Lawyers agree

    Answered . DWI is an unclassified misdemeanor in New York. Most domestic violence crimes are misdemeanor level offenses, except simple Harassment in the Second Degree, which is a violation level offense. However, that is not your main concern.

    As my colleagues suggest, consult as quickly as possible with a qualified Immigration Law attorney. He or she will be able to tell you how the various offense you have been charged with are viewed by INS. As suggested above, many crimes of domestic violence are viewed very harshly, no matter how NY or any jurisdiction may classify these offenses.

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