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Can an assault conviction lead to deportation?

On Behalf of | May 31, 2023 | IMMIGRATION & NATURALIZATION - Criminal Defense

There are two primary forms of assault in Florida: simple and aggravated. Anyone convicted of either can face jail time, fines or both depending on the type of assault, although aggravated assault is much worse than simple assault.

While these consequences can worry the average citizen, immigrants have more reasons to fear. Aggravated assault crimes – and some simple assaults – can significantly affect their immigration status and lead to deportation. Below are some reasons an aggravated assault charge can lead to deportation.

An aggravated felony conviction is always problematic

Depending on the circumstances surrounding the case, the assault charges may be elevated from simple assault to aggravated assault. This means the individual being charged with aggravated assault can face serious penalties, including five years imprisonment. 

Because this is an aggravated felony, anyone holding a visa, a Green Card or permanent resident status can be deported. Usually, felony convictions will make non-citizens ineligible to renew their visas, ultimately leading to immediate deportation.

A simple assault could be a crime of moral turpitude

A simple assault doesn’t necessarily result in a deportation, unless it’s related to domestic violence. That’s considered a crime of moral turpitude, which is sort of a “catch-all” category for anything that offends the sensibilities and societal norms. 

Deportation can break up communities and harm the person being deported and their families. The best way to avoid deportation or removal and prolong your stay in the country is by avoiding a conviction. Therefore, consider seeking legal guidance to determine your legal options.