Facing criminal charges is a frightening situation for anyone. But, especially as of late, for noncitizens, the stakes of criminal allegations are even higher than they ordinarily are. Whether charges are brought at the state or federal level can significantly affect an individual’s immigration status, including green cards, visas and their ability to remain in the United States.
State charges cover crimes prosecuted under state law. Most theft, assault, DUI and drug possession offenses are classified as state crimes, for example. Federal charges generally involve violations of federal law, such as immigration offenses, large-scale drug trafficking, wire fraud and crimes that cross state lines. Federal cases are prosecuted in federal court by United States Attorneys, and sentences handed down in these cases are often harsher than they are when they are prosecuted at a state level due to federal sentencing guidelines.
What does this mean for non-citizens, specifically?
From an immigration perspective, both state and federal convictions can result in serious consequences. Under immigration law, certain crimes are classified as “crimes involving moral turpitude” or “aggravated felonies.” These categories are consequential because they can make a noncitizen deportable, inadmissible to reenter the U.S. or permanently ineligible for relief like cancellation of removal or adjustment of status.
Aggravated felonies – as interpreted in an immigration law context – include many offenses that might not be classified as felonies at the state level. For example, theft with a sentence of a year or more, drug trafficking, or certain fraud crimes involving losses over $10,000 can be treated as aggravated felonies even if prosecuted under state law. Federal convictions for crimes such as illegal reentry after deportation or conspiracy to distribute controlled substances also fall under these categories and almost always lead to removal proceedings.
State charges may provide more flexibility in plea bargaining to avoid triggering immigration consequences. A defense attorney familiar with immigration law can often negotiate plea deals to reduce charges to offenses that do not result in deportability or inadmissibility. In federal court, plea options are more limited, and prosecutors often have less discretion to amend charges due to strict guidelines and mandatory minimums.
In both contexts, noncitizen defendants should never plead guilty without understanding the immigration impacts of their decisions. Even if deportation is not triggered, crimes of moral turpitude can block an applicant from proving the “good moral character” required for U.S. citizenship.
Navigating criminal charges as a noncitizen requires a defense attorney who understands both criminal and immigration law. The intersection of these areas is complex, and mistakes can result in life-altering consequences. If you or a loved one is facing charges, it’s important to seek legal guidance and support immediately.
