Immigration Consequences of a Domestic Violence Conviction

Domestic assault is a special crime that immigration courts frequently use to remove people from the United States. It is not considered a crime related or aggravated felony, but it is definitely a crime involving moral turpitude especially if someone does it to their spouse.

It used to be a crime of violence which would by itself get a person deported, but that recently changed simply because not every assault is a battery. They will deport the offender if they can prove that an assault is a battery or that battery has occurred to a spouse. Immigrants should be very concerned about any kind of domestic violence or anything beyond simple assault, because it can be much worse for them than it would be for the general public at large.

Would Getting Into A Violent Assault Jeopardize My Chances Of Remaining In The Country?

A simple assault will usually not stop a person from remaining in the country, becoming a resident or later becoming a citizen. Anything beyond that, including use of a weapon or use of any sort of craftiness to assault someone like poisoning them or hitting them with a car, trying to maim them or having any sort of malice when they hurt the person, all of these things would definitely harm their chances a great deal but a simple assault would probably not. A good immigration attorney could get around simple assault and so could a good criminal defense attorney.

What Aspects of the Circumstances Are Used To Prosecute An Assault Case?

A person who is witness to some form of either offensive physical contact or threatening physical contact can provide evidence. Usually the victim would be the witness for the government to be able to say they were threatened by someone, and then they would have to either show that there was the threat of physical violence or there was actual physical harm. Sometimes a neighbor or a passerby calls in an assault so they wind up being the primary witness, however the victim is usually the one who calls for help and is the one who calls in.

The second element of it is that the person has to be able to show there was an offense or physical contact. This is where we can really distinguish between the person who is calling the police as a form of an attack on somebody, versus someone who is calling because they were actually harmed. The difference would be the second element of proof; if there was no offensive contact, but they were merely trying to take advantage of having the police come, that would not be considered an assault, whereas if someone called because they were harmed or they were in fear of being harmed, then that would be considered an assault.

source: genolaw

If you are undocumented and need Legal Help for DWI or DUI, Without a License, Drugs' Possession or Domestic Violence. You can contact Attorney Frank Yeverino (713) 545-2520, who specializes in Undocumented Criminal Defense of the, he will take personally the call to assist you directly and quickly. The Fy Law Firm helps you.

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