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

Bronx, NY |

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

High misdemeanor meaning Class A

Attorney Answers 5


  1. 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.


  2. 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 named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. 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.


  4. 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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  5. 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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