What is an aggravated felony?

What is an Aggravated Felony?

The term "aggravated felony" may sound daunting, but understanding what it means can help individuals navigate complex legal proceedings and avoid potential consequences. In this article, we will delve into the definition of an aggravated felony, its characteristics, and its implications for immigration and criminal justice.

Definition and Characteristics

An aggravated felony is a specific type of felony that has severe consequences for non-U.S. citizens. The Immigration and Nationality Act (INA) defines an aggravated felony as:

• A crime involving murder, manslaughter, murder for hire, or rape, regardless of whether a conviction has been obtained (8 U.S.C. § 1101(a)(43)(A)).
• A crime involving burglary, extortion, or kidnapping (8 U.S.C. § 1101(a)(43)(C)).
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• A crime involving illicit trafficking in controlled substances (8 U.S.C. § 1101(a)(43)(B)).
• A crime of a type for which the sentence is at least 5 years (8 U.S.C. § 1101(a)(43)(E)).

These characteristics make aggravated felonies serious crimes that have a significant impact on individuals’ immigration status and criminal consequences.

Types of Aggravated Felonies

Here are some examples of aggravated felonies:

• Murder: Includes murder in the first and second degree, as well as manslaughter.
• Rape: Includes non-consensual sexual intercourse or sodomy.
• Burglary: Includes breaking and entering a residence, business, or other structure with the intent to commit a crime.
• Extortion: Includes obtaining property or benefits from someone through force, threat, or intimidation.
• Kidnapping: Includes the abduction or custody of another person without their consent.
• Trafficking in controlled substances: Includes the manufacture, distribution, or possession of illegal drugs.
• Fraud and related crimes: Includes offenses such as wire fraud, mail fraud, and identity theft.
• Money laundering: Includes concealing or disguising the source of income from illegal activities.

Consequences of an Aggravated Felony

Individuals who are deemed to have committed an aggravated felony may face severe consequences, including:

• Removal from the United States: Non-U.S. citizens who are found to have committed an aggravated felony may be subject to removal from the country, regardless of their length of residency or any family ties in the United States.
• Ineligibility for asylum or withholding of deportation: Individuals who have committed an aggravated felony may not be eligible for asylum or withholding of deportation, making it difficult for them to obtain legal status in the United States.
• Enhanced criminal penalties: Individuals who have committed an aggravated felony may face enhanced criminal penalties, including longer sentences and stricter bail conditions.
• Difficulty in obtaining a green card: U.S. citizens or legal permanent residents who have been convicted of an aggravated felony may face difficulties in obtaining a green card for themselves or their family members.

Examples of Aggravated Felonies

Here are some examples of how an aggravated felony might impact an individual’s life:

• A 30-year-old Mexican national who was convicted of murder is subject to removal from the United States.
• A 25-year-old Chinese national who was convicted of drug trafficking faces ineligibility for asylum and potential removal from the country.
• A 40-year-old U.S. citizen who was convicted of money laundering may face enhanced criminal penalties and difficulty in obtaining a green card for his wife, who is a foreign national.

Conclusion

An aggravated felony is a serious crime that carries severe consequences for non-U.S. citizens. Understanding the definition and characteristics of an aggravated felony can help individuals navigate complex legal proceedings and avoid potential consequences. If you or someone you know is facing allegations of an aggravated felony, it is essential to seek the advice of an experienced attorney to protect your rights and interests.

Table: Characteristics of Aggravated Felonies

References:

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• Immigration and Nationality Act (INA) (8 U.S.C. § 1101(a)(43))
• 8 U.S. Code § 1182 (Inadmissible Aliens)
• 8 U.S. Code § 1227 (Grounds for deportation)