QUESTION
Can he be deported for domestic violence?
Asked on Nov 09th, 2016 on Immigration - California
More details to this question:
I was living with the father of my son and decided to end the relationship. He didn't take it well and physically abused me. He was arrested (I provided pictures). Today is the third appearance (not counting first when arrested). I went in today to drop the charges but the case is already Defendant vs the State. I was told that for next appearance, he will get officially charged. What could happen? He is a permanent resident (10 years expired), just came in a year ago to the US and this is the third incident. PL 240.30 04 Misdemeanor, 1 count, not an arrest charge, arraignment charge aggravated harassment 2 - Injury Family. PL 240.26 01 violation, 1 count, not an arrest charge, arraignment charge harassment 2nd- Physical Contact. PL 120.00 01, a misdemeanor, 1 count, arrest charge, arraignment charge description assault within causes physical injury.
1 ANSWER
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Looking at the code sections you provided, I am assuming that this is not a California case. I am a California immigration/criminal defense attorney and cannot really address the impact of those particular code sections. With that being said, I can give you some general information. Any conviction for domestic violence, especially if there are injuries to the victim can result in the defendant being deported. Your baby's father is going to need the services of an experienced criminal defense attorney and an immigration attorney experienced in the immigration consequences of criminal convictions. This is no time to hire cheap , inexperienced attorneys as the stakes for your boyfriend are too high. With regards to dropping charges, you may want to talk to your boyfriend's attorney. Prosecutors generally do not want to drop charges once they are filed, especially in domestic violence cases. Hope this helps.
Answered on Dec 16th, 2016 at 4:57 AM