Immigration Consequences of Criminal Charges, Florida

Why Immigration Status Changes Everything in a Criminal Case

Under the Supreme Court's decision in Padilla v. Kentucky, criminal defense attorneys are constitutionally required to advise non-citizen clients about the immigration consequences of a guilty plea. A plea that seems minor in criminal terms, a misdemeanor, a deferred adjudication, can be catastrophic for immigration purposes. Robert Davis integrates immigration analysis into every criminal defense representation involving a non-citizen client.

The consequences vary based on the crime and the person's immigration status, whether they are a green card holder, a visa holder, DACA recipient, or undocumented. Some convictions result in mandatory deportation with no possibility of judicial discretion. Others are grounds for deportation but allow a defense. Understanding which category your charge falls into determines the entire defense strategy.

Aggravated Felonies

The Immigration and Nationality Act defines a list of "aggravated felonies" that trigger automatic deportation for nearly any non-citizen, including lawful permanent residents. The list includes drug trafficking, firearms offenses, theft or burglary with a one-year or more sentence, fraud over $10,000, crimes of violence with a one-year or more sentence, and many others. Critically, some offenses that are misdemeanors under state law can qualify as aggravated felonies under federal immigration law based on the sentence imposed, not just the offense itself.

Robert works to negotiate plea agreements or defense outcomes that avoid aggravated felony treatment, including negotiating sentences below the one-year threshold when that distinction matters.

Crimes Involving Moral Turpitude (CIMT)

Crimes involving moral turpitude, broadly defined as offenses involving fraud, dishonesty, or serious harm to others, are grounds for deportation and permanent bar from admission. A single CIMT within five years of admission, or two CIMTs at any time, can result in removal proceedings. Many common Florida criminal charges, theft, fraud, assault, domestic violence, are regularly classified as CIMTs.

Negotiating to Immigration-Safe Outcomes

Not every charge has immigration-neutral alternatives, but many do. Florida prosecutors sometimes agree to reduce charges to offenses that carry the same or similar criminal penalty but do not trigger deportation. Robert is familiar with which Florida statutes carry immigration consequences and which alternatives are available. This analysis happens at the start of the case, not after a plea is entered.

Robert also coordinates with immigration counsel when the stakes are particularly high or when parallel immigration proceedings are underway. The goal is to protect your ability to remain in the United States, preserve any path to permanent residency or citizenship, and avoid triggering any bars to future immigration relief.

Frequently Asked Questions