Did you know that Assault and Battery are considered crimes of moral turpitude? Talk to an Assault & Battery Lawyer Today!
While criminal charges and immigration matters involve two separate areas of law, each can impact the other. This is particularly true when a person is charged with what immigration officials deem a “crime of moral turpitude.” A qualified Assault & Battery Lawyer can help guide you through your options.
What is a crime of moral turpitude?
Federal Courts have generally defined “moral turpitude” as a depraved act contrary to societal rules of morality. While this definition may seem vague, certain crimes clearly fall within this category according to immigration officials. Among those, assault and battery make the list.
What is Assault?
Assault is defined as an intentional threat coupled with the apparent ability to cause harm or violence. The alleged victim must prove that he or she had a substantiated fear that violence was about to occur. Simple Assault is a second-degree misdemeanor punishable by up to sixty (60) days jail and a $500.00 fine. However, Assault can quickly turn into a felony (Aggravated Assault) based on the seriousness of the facts alleged. A felony assault charge carries a potential prison sentence.
What is Battery?
Battery is the intentional touching or striking of an alleged victim against his or her will, or the infliction of bodily harm upon another. Simple Battery is a first-degree misdemeanor punishable by up to one (1) year in jail and a $1,000.00 fine. Similar to Assault, Battery can become a felony (Aggravated Battery) based on the facts of the case, and can result in prison-time.
Because Assault and Battery inherently involve allegations of violence, they are considered morally reprehensible behavior in the eyes of immigration. Thus, the consequence of a conviction or admission to Assault or Battery could be deportation. Talking to an Assault & Battery Lawyer, such as Lourdes Casanova, at Casanova Law, is the best way to fully understand of any charges, as well as your options under the law.
Under the Immigration and Nationality Act, you can lose your permanent resident status or green card if you are convicted of a felony crime of moral turpitude within five years of becoming a lawful permanent resident. Alternatively, you could lose your status as a permanent resident if at any time you are convicted of two or more crimes of moral turpitude.
If you are not yet a green card holder and are in the process of seeking permanent resident status, your danger is even greater with an Assault or Battery charge because you could be found “inadmissible” and subsequently removed from the United States with a simple admission to the crime – even if your case is ultimately dismissed.
What we can do for you
Keep in mind that an arrest does not equal a conviction. When you have been arrested for Assault or Battery, it is imperative that you seek the advice of an experienced criminal defense lawyer. It may be possible to get your case dismissed through diligent representation.
At Casanova Law, we handle Assault and Battery cases regularly in Jupiter, Palm Beach Gardens, Wellington, Greenacres, Lake Worth, Palm Springs, Delray Beach, Boca Raton, Royal Palm Beach and all of Palm Beach County. We also travel to Martin County and Hendry County for Assault and Battery cases.
We handle immigration cases too.
Attorney Lourdes Maria Casanova is a former prosecutor with experience in both criminal law and immigration. Because of our dual practice areas, we are able to provide accurate information regarding the potential impact
that your Assault or Battery charge can have on your immigration case. We can counsel you as to whether any agreement in criminal court is a good or bad idea for immigration purposes.
Beyond a potential dismissal on your Assault or Battery case, we can review whether an admission was made and what we can do in terms of protecting your rights in immigration court or on a green card application.
Call us today!
Don’t take any chances when it comes to your Assault or Battery case – especially if you are not a United States citizen. A poor outcome on your Assault or Battery case could result in jail, and later deportation. Contact Casanova Law at (561) 236-5340 or contact us online for a consultation on your criminal and immigration cases.