Criminal Defense of Immigrants

The second part of the definition of the crime of violence aggravated felony for immigration purposes is set out at 18 U.S.C. § 16(b):

(b)       any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.[450]

This part of the crime of violence definition therefore includes the following essential elements:

                (1)           a felony conviction of an offense, see § 19.42, infra;

                (2)           that by its nature, see § 19.43, infra;

                (3)           involves a substantial risk, see § 19.44, infra;

                (4)           that physical force, see § 19.45, infra;

                (5)           against the person or property of another, see § 19.46, infra;

                (6)           may be used, see § 19.48, infra;

                (7)           in the commission of the offense, see § 19.47, infra;

                (8)           with intent.  See § 19.49, infra.

A conviction of an offense that lacks any of these essential elements is not an aggravated felony crime of violence as defined by 18 U.S.C. § 16(b).

[450] 18 U.S.C. § 16(b).