A single criminal charge in Florida can put more than your freedom at risk, especially for those who are not U.S. citizens. For noncitizens, even a misdemeanor plea deal may trigger deportation proceedings, block a green card application, or prevent re-entry into the United States. The consequences often extend far beyond the courtroom, reaching into every aspect of your life, from your ability to work to where your family can live. Many people do not realize a conviction classified as minor under state law can carry severe federal immigration penalties.
At The Wiseman Law Firm, we help clients throughout Orlando and Central Florida navigate criminal cases where immigration status is a factor. Attorney Simon Wiseman is a former prosecutor with more than two decades of criminal defense experience. When your future in this country depends on the outcome of a criminal case, the stakes demand a lawyer who prepares for both consequences from the start.
Types of Offenses With Immigration Consequences
Federal immigration law sorts criminal offenses into categories that determine how they affect your status. Two of the most significant are crimes involving moral turpitude and aggravated felonies.
Crimes Involving Moral Turpitude
A crime involving moral turpitude, often called a CIMT, generally includes conduct considered dishonest or harmful. In Florida, this can include charges like theft, fraud, and certain types of assault. Even a single CIMT conviction may be enough to make you deportable if the offense carries a potential sentence of one year or more. Two or more CIMT convictions, regardless of severity, can also trigger removal proceedings.
Aggravated Felonies Under Immigration Law
The term “aggravated felony” has a broader meaning in immigration law than it does in Florida’s criminal courts. Offenses classified as felonies under state law, such as drug trafficking, certain theft offenses, and crimes of violence, may qualify. A conviction for an aggravated felony can permanently bar you from most forms of immigration relief, including asylum and cancellation of removal.
Drug Offenses, Domestic Violence, and Other Red Flags
Certain categories of criminal charges carry especially harsh immigration consequences, sometimes regardless of whether the offense is a misdemeanor or a felony. These include:
- Drug offenses, including simple possession of a controlled substance, which may result in deportation or inadmissibility under federal law.
- Domestic violence convictions, which create a separate ground for deportability for noncitizens admitted to the United States.
- Firearm offenses, where a conviction involving a weapon can independently trigger removal proceedings.
- Fraud-related charges, which may be treated as crimes involving moral turpitude and can block eligibility for naturalization.
Even a plea of no contest or a withheld adjudication may count as a conviction for immigration purposes. According to USCIS policy guidance, a withheld adjudication still qualifies as a conviction if you entered a guilty plea and the court imposed any form of punishment or restraint on your liberty. This distinction catches many people off guard, especially when they believe accepting a plea deal entirely resolved the matter.
Why Your Criminal Defense Strategy Must Account for Immigration
If you are a noncitizen, your criminal defense and immigration future are connected. A guilty plea negotiated without considering immigration consequences can do lasting damage. The U.S. Supreme Court recognized this in Padilla v. Kentucky, holding a defense attorney has a duty to advise you about the immigration impact of a guilty plea.
Building a Defense Around Both Outcomes
An effective defense in these cases may involve negotiating plea terms to offenses that do not carry immigration penalties, seeking charge reductions to non-deportable offenses, or pursuing dismissals altogether. In some cases, post-conviction relief, such as expungement, may help mitigate the immigration fallout from a prior conviction. Every case is different, and the right strategy depends on the specific charges, your immigration status, and your long-term goals.
Contact The Wiseman Law Firm for Help With Your Case
Attorney Simon Wiseman brings more than 26 years of trial-tested experience to criminal cases where the stakes go beyond a sentence. As a former state prosecutor who has tried over 100 jury and non-jury trials in Orange County, he knows how prosecutors build their cases and uses that knowledge to protect our clients’ rights and futures. The Wiseman Law Firm has earned a reputation for aggressive, detail-driven defense across criminal matters ranging from misdemeanors to first-degree felonies.
If you are a noncitizen who is facing criminal charges in Florida and you are concerned about how a conviction could affect your immigration status, do not accept a plea deal before consulting with a defense lawyer who can evaluate the full picture. Complete our contact form to speak with our criminal defense attorney and get a clear picture of your legal options.