Immigration Issues (including Deportation, Removal, Inadmissibility) for Non Citizens Accused of Domestic Violence
Non citizens who are accused of offenses that can be labeled domestic violence are in a particularly dangerous position. This is so because domestic violence is a special category of offense under current immigration law and the label of domestic violence is potentially problematic regardless of the level of offense involved. This comes into play in a situation in which the Government makes an offer to resolve the case that seems fine on the surface because the level of offense is a non criminal offense like harassment. Since harassment is not a crime in New York State, you might be tempted to think it would be safe to accept such a plea bargain even if you are not a citizen. There are those who believe that the fact that harassment is a violation might not be safe for non citizens because harassment could be determined to be an offense of “domestic violence”. Therefore, as a general rule, non-citizens are typically advised against accepting harassment plea bargains in the context of a situation that could be labeled domestic violence.
Therefore, if you are not a citizen, and you are charged with a domestic violence type of offense, you need to discuss the potential impact of the situation on your immigration status, and be aware that even the non criminal offense of harassment could be a problem for you.
The simplest solution to this problem is to seek, as an alternative to the harassment plea, a plea to “disorderly conduct” which is also a violation, but one that does not typically have a domestic violence aspect. In many cases, the Government will agree to accept the disorderly conduct in place of harassment, but occasionally (and rather inexplicably) you will run across situations where the Government refuses to make an alternative offer to the harassment.
Therefore, if you are not a citizen, and you are charged with a domestic violence type of offense, you need to discuss the potential impact of the situation on your immigration status, and be aware that even the non criminal offense of harassment could be a problem for you.
The simplest solution to this problem is to seek, as an alternative to the harassment plea, a plea to “disorderly conduct” which is also a violation, but one that does not typically have a domestic violence aspect. In many cases, the Government will agree to accept the disorderly conduct in place of harassment, but occasionally (and rather inexplicably) you will run across situations where the Government refuses to make an alternative offer to the harassment.
BY: DON MURRAY, Partner in the New York Criminal Defense Law Firm Shalley and Murray