Criminal Defense of Immigrants


§ 10.21 7. Tactics to Minimize Level of Offense

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The felony or misdemeanor level of the offense can have a number of different immigration consequences.  See § § 10.86-10.93, infra.  In certain states, and for certain offenses, counsel can attempt to reduce felonies to misdemeanors, and misdemeanors to infractions or other lesser offenses, at the time of sentence in order to minimize the level of the offense of conviction, to avoid these consequences.  See § § 11.13-11.16, infra.  Doing so also helps the defendant, in purely criminal terms, by minimizing the seriousness of the criminal history and perhaps minimizing any aggravation of future sentences by avoiding prior felony or misdemeanor convictions.