Safe Havens



 
 

§ 7.41 12. Crimes of Violence

 
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The aggravated felony category of “crimes of violence” is defined by statute in general terms, and a great deal of litigation has developed concerning whether specific offenses are or are not crimes of violence under the statutory definition.  The definition contains two prongs: (1) offenses whose elements require use or threat of force, which can even be misdemeanors, or (2) felony offenses whose elements carry a substantial risk that force may be used in the commission of the offense.  See § 7.42, infra.  A conviction under either prong is an aggravated felony only if a sentence of one year or more is imposed.

 

            It is important to examine the checklist of general aggravated felony safe havens to determine whether each offense or conviction being examined falls within one or more of the safe havens listed there.  See § 7.29, supra.

 

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