Criminal Defense of Immigrants

Noncitizens charged with statutory rape or unlawful sexual intercourse with a minor are in grave danger of being classed as aggravated felons and must proceed very carefully.  Statutory rape is broadly defined in many states, including California, where the statute prohibits unlawful consensual sex with any person under the age of 18, even if the sexual partner is also under the age of 18.  The exact elements of the offense, however, vary from state to state and may have a great impact on whether a conviction of this offense is considered to be aggravated felony.

This offense may be considered an aggravated felony under any of several categories.  Because of this, even if a court finds statutory rape not to fall within one category, the DHS can merely charge the offense as an aggravated felony under another.