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Immigration Consequences of Driving Under the Influence, Assault, and Burglary

Posted by Ramona Kennedy | Nov 10, 2021 | 0 Comments

Crimes such as assault, burglary, and DUI's can greatly affect one's immigration status. Depending on the crime committed and their personal record, this may lead to detrimental consequences. These consequences may be fines and jail time, but ultimately may result in deportation in certain cases.

· DUI consequences for first time offender

o Labeled as “misdemeanor”

o Given period of time for probation (typically three to five years)

o 6-month license suspension

o Penalty assessment fines, additional fines

o Possible community service work

· Consequences for Repeat DUI Offender

o Much more harsh penalties

o 2-year license suspension

o Maximum of one-year jail time

o DUI school

o DUI probation

o 4th offense DUI labels individual as a convicted felon under California law and o Possible permanent suspension of license for higher offenses

o Possible denial of reentry or deportation if also convicted of various other crimes as well as multiple DUI's

· DUI types that can lead to grounds of deportation

o Drug DUI: Because the INA specifically catalogs drugs as grounds for deportation, this conviction may lead to deportation or denial of green card/visa.

o DUI and driving on suspended license: Not just the DUI itself, but intentionally driving with the knowledge that you are breaking the law with your suspended license may affect your immigration status and ultimately lead to deportation.

o DUI with child in car: This has much more harsh penalties as one can also be charged with child endangerment, which can potentially lead to deportation. Criminal intent is presumed in cases of child endangerment which is why is is listed as a deportable crime.

· Assault consequences

o According to California Penal Code section 240, “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (California Legislative Information).

o “Simple assault” is considered a misdemeanor in the state of California, resulting in a fine of $1,000 and possibly six months of jail time

o May or may not be deemed as a crime of moral turpitude depending on the case

o However, is not listed as a deportable crime

· Burglary consequences

o According to California Penal Code section 459, burglary is defined as the act of entering any structure with the intent to commit a felony.

o Depending on the case, can be considered a misdemeanor or a felony

o First degree burglary: can result in two to six years in prison

o Second degree burglary: can be charged as misdemeanor or a felony. If charged with a misdemeanor, a maximum of one year of prison time is the given punishment. If charged with a felony, one may be subjected up till three years in prison.

o Under immigration law, this act is considered an aggravated felony (only if sentence is one or more years)

o However, is not listed as a deportable crime

Seek legal advice from experienced attorney, Ramona Kennedy, who can help guide you with your specific case and possibly minimize or completely avoid certain penalties that you may have received as a result of various charges.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California, licensed by California Supreme Court (USA). Ramona Kennedy is the lifetime, honorary member of the US Supreme Court's Bar Association and a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (Persian).

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About the Author

Ramona Kennedy

Attorney Ramona Kennedy is a Compassionate attorney who cares and will fight for you A vivid reader, attorney Kennedy was inspired by her father who passionately attributed to her academic & personal growth. Her Father was a very kind, highly intelligent, disciplined & dedicated family man in un...

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