California One-Year Custody as Condition of Probation May Not Constitute Aggravated Felony One-Year Sentence Imposed


By Norton Tooby

Many aggravated felony definitions require that the court order a term of imprisonment for a qualifying conviction of one year or more, or they are not aggravated felonies.  For many of the most common aggravated felonies, the sentence imposed is decisive.  These offenses constitute aggravated felonies if and only if a sentence of one year or more in custody is ordered by the court.  Therefore, for these offenses, the many defenses against a sentence imposed of one year or more constitute complete defenses to aggravated felony status.  See N. TOOBY & J.


Sep 2010