Is a deferred adjudication felony a agravated felony?

Asked over 1 year ago - San Antonio, TX

i was convicted for burglary of habitation in 2001 i served 2 years deferred adjurication there was no jail sentense inpose in the jugment, is this considered a agravated felony for immigration?

Attorney answers (4)

  1. Alejandro E. Garcia

    Pro

    Contributor Level 14

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    Lawyers agree

    Answered . No. A 2 year deferred adjudication in Texas for burglary is not an aggravated felony for immigration. But only if it was straight deferred adjudication. If, for example, your sentence was a two year probated term, then it would be an aggravated felony. Under immigration law a burglary offense is an aggravated felony if it carries a term of imprisonment of at least one year. A straight deferred adjudication is not considered a term of imprisonment.

  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . It would seem so I depends on the exact language of the convicting statute and the maximum potential sensense it carries

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  3. Thomas Harlan Swain

    Pro

    Contributor Level 11

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    Answered . I've moved this question to the immigration area for you.

  4. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . This may be a crime involving moral turpitude, as well, but more information is needed. It is unclear whether you pled to the facts of the crime. It is unclear whether deferred adjudication is based upon a Texas statute or your case was dismissed as a matter of law by a judge after continuances issued as a matter of discretion.

    This is general information, not legal advice, and does not create an attorney client relationship.

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