Facing domestic violence charges as an immigrant in Phoenix comes with added complexities. A crime of this nature, even as a misdemeanor, can cause a lawful permanent resident to be deported and the inability to apply for certain relief before an immigration judge. Arizona has a series of domestic violence charges depending on the aspects of the crime. These range from a Class 1 Misdemeanor to a Class 5 Felony.
At Vianey K. Hurtado Law, we recognize the seriousness of domestic violence charges. We provide you with a knowledgeable legal team and a strategic defense. Together, we will advocate for your rights as an immigrant. Our law firm serves the areas of Phoenix and Yuma.
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Domestic violence is a serious crime that shouldn't be taken lightly. In Arizona, you can get anywhere from a Class 1 Misdemeanor to a Class 5 Felony. Factors like child involvement or the use of a weapon can escalate charges.
In certain circumstances, this conviction can lead to deportation from the United States. It can also result in the inability to apply for naturalization and become a United States citizen. If the accused does not have legal status in the United States, it can render them ineligible for applying for certain applications for relief in removal proceedings or applications before the United States Immigration Service (USCIS). Because most immigration applications for relief have a “good moral character” component, a conviction for domestic violence can bar an individual from establishing that they are a person of good moral character–leading a future application to be denied based on discretion.
The categories for domestic violence charges in Arizona are as follows (A.R.S. 13-3601):
Class 1 Misdemeanor - Up to to 6 months in jail and $2500 in fines
Class 2 Misdemeanor - Up to 4 months in jail and $750 in fines
Class 3 Misdemeanor - Up to 30 days in jail and $500 in fines
Class 2 Felony - 7 to 21 years in prison and up to $150,000 in fines
Class 3 Felony - 5 to 15 years in prison and up to $150,000 in fines
Class 4 Felony - 4 to 8 years in prison and up to $150,000 in fines
Class 5 Felony - 2 to 4 years in prison and up to $150,000 in fines
The severity of the charge depends on several factors, such as:
If you are facing domestic violence charges, it is crucial to seek legal guidance. A crime of this nature can affect your immigration status without a thorough defense strategy.
Domestic violence charges can pose a risk to your immigration status. Even a misdemeanor conviction involving a domestic violence component, can jeopardize your legal status in the United States. This is especially true for green card holders of the United States, given that some convictions related to domestic violence can fall under the ground of Domestic Violence deportability,
Another aspect that raises this risk is committing a Crime Involving Moral Turpitude (CIMT).
This term refers to crimes that are vile, base, or against the morals of society. Generally, crimes involving domestic violence, assaults with deadly weapons, kidnapping, and sexual assaults all fall under the umbrella of crimes involving moral turpitude. In some cases, these convictions can also fall under the umbrella of aggravated felonies–rendering an individual ineligible for relief.
This category of charges can make it difficult to qualify for a green card or a tourist visa. They can also be grounds for removal from the United States as a green card holder.
Arizona also categorizes some domestic violence charges as "aggravated felonies". This refers to certain violent crimes that result in over a year of imprisonment. If the domestic violence involves excessive force or the threat of excessive force, it may qualify as an aggravated felony.
We can use a few different defense strategies for this charge. These include the following:
If you're an immigrant facing domestic violence charges in Arizona, seeking a criminal defense attorney is crucial. They can provide the knowledge and resources to craft the best defense and keep your status intact.
At Vianey K. Hurtado Law, our team is willing to do everything possible to fight for you. We provide an equipped legal team to members of the Phoenix and Yuma communities. We will create a relevant strategy to achieve the best outcome for your case.
If you need a domestic violence immigration attorney in Phoenix, Arizona, contact us today. We will provide you with a thorough case evaluation.
