Navigating hit and run charges as an immigrant in Phoenix can be a complex and uncertain journey. The stakes are higher because your immigration status is at risk. Arizona views hit and run charges and fleeing the scene of an accident as severe offenses. You could face charges from a Misdemeanor to a Class 2 felony.
At Vianey K. Hurtado Law, we advocate for you through our real experiences. We provide our clients with a knowledgeable, compassionate legal team. They will create a thorough strategy to fight your case. Our team serves the areas of Phoenix and Yuma.
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Hit and run charges can have a serious effect on immigration status. Arizona defines a hit and run with a few different criteria. These include:
A hit and run can fall under a range of charge classes depending on factors of the specific crime. Arizona decides hit and run rulings based on the following categorizations:
Class 2 Misdemeanor (Least Severe) -
A Class 2 Misdemeanor hit and run is punishable by up to 6 months in jail and a 1 year license suspension.
Class 5 Felony -
A Class 5 Felony hit and run can result in a revoked license for 3 years, probation, and up to 1 year in jail. Incarceration is also a possibility and could mean between 6 months and 3.25 years in prison. $500 in fines may occur.
Class 3 Felony -
The punishment for this charge is slightly different. If the driver has no prior criminal history, they may face a revoked license, up to 5 years probation, and between 0 and 1 year in jail.
With a prior criminal record, the criminal can face 3.25 and 25 years in prison.
Class 2 Felony (Most Severe) -
A Class 2 Felony hit and run can result in several different punishments. These include probation, jail time, and between 3 and 12.5 years of imprisonment.
For those with a previous criminal record, the penalties become much more serious. They can equal up to 35 years in prison based on specific circumstances.
A hit and run or fleeing the scene of an accident is a serious crime that can affect immigration status.
No matter what class the offense is, even facing conviction can alert Immigration and Customs Enforcement (ICE). This poses a threat to undocumented immigrants especially.
Two crucial factors immigration authorities consider when looking at a conviction are "aggravated felonies" and "crimes involving moral turpitude”.
An aggravated felony is a serious crime that results in more than 1 year of prison time. (Immigration and Nationality Act)
A crime involving moral turpitude is a crime that shocks the public and is generally against moral society. A hit and run can absolutely fall under a CIMT, and a CIMT is grounds for removal and denial of re-entry to the US.
If you're an immigrant facing hit and run charges, a few defenses can help you avoid serious consequences. These include some of the following:
As you can see, a hit and run charge is extremely complex. This is especially true for immigrants in Arizona. You should seek legal help immediately to ensure a knowledgeable lawyer can craft the best defense.
At Vianey K. Hurtado Law, our team is willing to do everything possible to fight for you. We provide a knowledgeable legal team and serve 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 hit and run immigration attorney in Arizona, contact us today. We will provide you with a thorough case evaluation.
