Theoretically, your friend could be facing both incarceration and deportation. It is impossible to determine here all of the possible factors to be argued by both sides at sentencing to determine whether and how much a period of incarceration might be. However, it is routine to punish the offender and then deport him or her for a removable offense. Felony DUI is classified as an aggravated felony, which is an offense that your friend may removed for. Arguably, it is equally importantly that your friend is an illegal presently. Unless, he has a basis to apply despite his illegal status, that may be the simplest reason for his removal from the U.S. Tell your friend to hire criminal defense and immigration counsel. There are no shortcuts here. If he doesn't hire both, he may seriously increase his chances of jail and removal.
The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.
He will he be facing jail/prison time and possible deportation? Check with an attorney that specializes in this area. Sometimes only one charge is not enough to deport someone, however his charges are serious and one could put him over.
You haven't revealed all the relevant details of the case (don't reveal them here) but suffice to say your friend faces significant prison time and deportation. Especially concerning is the injury component of the dui, the extent and significance of which will likely determine what kind of time your friend is looking at. It goes without saying that your friend needs to work closely with his attorney to fight this case. Good luck.
Felony DUI is punishable by up to 3 years in state prison. If he is also charged with a Great Bodily Injury Enhancement, he is looking at several more years. If he goes into jail at any point, he will have an immigration hold placed on him and he will be deported.
Seth Weinstein, Esq.
Southern California Criminal Defense Attorney
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
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