Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Certain criminal convictions in California can lead to deportation if you are not a United States citizen. It often does not matter how long you have been in the country. Known as “deportable offenses,” these are:
Serious convictions for a crime involving moral turpitude (CIMT) are deportable under the Immigration and Nationality Act, or INA, a major federal law concerning U.S. immigration.[1]
California and federal courts have interpreted “moral turpitude” to mean vileness in the private and social duties owed to others or to society in general.[2] California courts have found the following offenses to be crimes of moral turpitude under California law:
However, only serious convictions for these offenses can lead to deportation if you are not a U.S. citizen. A conviction can make you deportable if either:
A conviction for an aggravated felony can also lead to deportation. The INA’s definition of aggravated felonies includes offenses like:
Note that not all of these criminal law violations are violent crimes. They can still lead to removal proceedings.
Nearly all drug crimes are deportable offenses under the INA and federal immigration law. This includes offenses of the following nature:
Note that these criminal charges can be misdemeanors and will still trigger immigration consequences.
You can even be deported for merely being addicted to drugs, even if you are not convicted of a crime.[20]
The only exception is for simple possession of marijuana when the amount is 30 grams or less.[21]
A conviction for a firearm or a destructive device makes you deportable. This includes illegally doing any of the following with one:
This covers using a firearm while committing a crime of violence.
Finally, a conviction for a crime of domestic violence makes you deportable. This includes convictions for violating the following California laws:
Non-U.S. citizens are subject to deportation after a conviction for a deportable offense. This includes any type of immigration status, such as:
Importantly, your connection to the U.S. does not matter. You can be deported after the conviction even if you:
Convictions for some serious crimes also make you inadmissible to return to the U.S.
Non-citizens suspected of a deportable crime should strongly consider establishing an attorney-client relationship with a criminal defense attorney and potentially an immigration attorney from a reputable law firm, as well.
Defending against these criminal offenses may require a different strategy. A guilty plea or a plea bargain may reduce the penalties while also leading to deportation proceedings in immigration court. Your defense lawyer’s legal advice should keep this possibility in mind.
Legal References:
[1] Immigration and Nationality Act (INA) 237(a)(2)(A)(i).
[2] In re Craig, 12 Cal.2d 93, 97 (1938).
[3] People v. Johnson, 233 Cal.App.3d 425 (1991).
[4] People v. Mazza, 175 Cal.App.3d 836 (1985).
[5] People v. Miles, 172 Cal.App.3d 474 (1985).
[6] People v. Zataray, 173 Cal.App.3d 390 (1985).
[7] People v. Cavazos, 172 Cal.App.3d 589 (1985).
[8] People v. Castro, 186 Cal.App.3d 1211 (1986).
[9] People v. Boyd, 167 Cal.App.3d 36 (1985).
[10] People v. Rodriguez, 177 Cal.App.3d 174 (1986).
[11] People v. Parrish, 170 Cal.App.3d 336 (1985).
[12] People v. Rollo, 20 Cal.3d 109 (1977).
[13] People v. Castro, 38 Cal.3d 301 (1985).
[14] People v. Gabriel, 206 Cal.App.4th 450 (2012).
[15] People v. Rodriguez, supra note 10.
[16] People v. Forster, 29 Cal.App.4th 1746 (1994).
[17] INA 237(a)(2)(A).
[18] INA 101(a)(43).
[19] INA 237(a)(2)(B).
[20] INA 237(a)(2)(B)(ii).
[21] INA 237(a)(2)(B).
[22] INA 237(a)(2)(C).
[23] INA 237(a)(2)(E).
[24] INA 101.
[25] Encis-Cardozo v. INS, 504 F.2d 1252 (2d Cir. 1974).
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.