September 11, 2025 | Criminal Defense
Being charged with a crime is stressful for anyone. However, for noncitizens, the consequences can be even more serious, possibly leading to deportation and the loss of the right to remain in the United States. Many people assume that only the most serious crimes can result in removal, but immigration law casts a much wider net.
Knowing which offenses count as deportable is important if you are living in the U.S. without full citizenship. If you need help with a charge, contact a defense lawyer right away for a free initial consultation.
The Federal Law on Deportation
Immigration consequences of crimes are controlled by the Immigration and Nationality Act (INA). This law lists the crimes and conduct that can make someone deportable. It does not matter whether the charge comes under state or federal law; what matters is how immigration law classifies the conviction.
Also, keep in mind that immigration is handled at the federal level, meaning a state court judge cannot decide whether a crime is deportable. That decision happens later in immigration proceedings.
Crimes Involving Moral Turpitude
One large category of deportable crimes is called crimes involving moral turpitude (CIMTs). These offenses involve lying, stealing, and other conduct society views as especially wrong.
Examples include:
- Theft or burglary
- Fraud or embezzlement
- Certain assault charges
- Domestic violence
A single CIMT may not always make a person deportable. However, if the alleged offense happens within five years of being admitted to the U.S., or if there are multiple CIMT convictions, deportation may follow.
Aggravated Felonies
The INA also lists aggravated felonies. Despite the name, some are not felonies under state law, and some are even misdemeanors. Still, immigration law treats them as the most serious category.
Examples of aggravated felonies include:
- Drug trafficking
- Firearms trafficking
- Sexual abuse of a minor
- Murder or rape
- Crimes of violence with sentences of at least one year
A conviction for an aggravated felony almost always leads to deportation, and there are very few ways to fight it. Hiring an experienced attorney gives you the best chance at a successful outcome.
Timing and Multiple Convictions
The timing and number of convictions can also influence deportability. A single offense might not make someone removable, but two or more convictions often do. For instance, one crime involving moral turpitude within five years of entering the country can lead to removal, while multiple CIMTs at any point are grounds for deportation.
This is why the circumstances of each case matter so much, as immigration law looks at the entire criminal record in question, not just one charge in isolation.
Do Arrests Lead to Deportation?
Many people worry that simply being arrested will cause them to be deported. In most cases, that is not true. Immigration law generally requires a conviction for a deportable offense before removal can happen.
That said, arrests can still trigger problems that you should be aware of. Immigration authorities may take notice, and some arrests can affect bond or discretionary immigration benefits. However, the most serious risk usually comes after a conviction is entered.
Contact the Dayton Criminal Defense Lawyers at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today
Not every conviction results in deportation, but many do. Crimes involving moral turpitude, aggravated felonies, drug crimes, domestic violence, and firearms offenses are among the most common.
If you are not a U.S. citizen and are facing criminal charges, you should understand that your future in this country may be at stake. Setting up a free consultation with a Dayton criminal defense attorney as early as possible can make all the difference in protecting both your freedom and your right to remain in the country.
Contact Suhre & Associates DUI and Criminal Defense Lawyers today to get started.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers, give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129,
Dayton, OH 45402
(937) 531-0435
