As a non-citizen living in South Florida, a criminal conviction is always a serious matter. If you're accused of a sex offense, deportation is possible.
At the Law Offices of Robert David Malove, our criminal defense attorneys understand what you have at stake and fight for the best possible outcome in your criminal case. We also encourage you to contact an immigration attorney if you have questions about your immigration status or how an arrest or conviction may impact your right to stay in the United States.
Sex Offense Deportation: Immigration Consequences of Sex Crime Convictions
The immigration consequences of a sex crime conviction depend on several factors, including:
- The specific offense
- Whether it's considered a "crime of moral turpitude"
- The potential and actual sentence imposed
- Your current immigration status
For non-citizens, sex crime convictions are particularly serious. Many sex offenses, such as sexual assault, lewd and lascivious acts, and child pornography charges, are considered "aggravated felonies" under immigration law. An aggravated felony conviction makes you deportable and can lead to mandatory detention during removal proceedings.
Even misdemeanor sex offenses like solicitation of prostitution may be considered crimes of moral turpitude. Multiple convictions for crimes involving moral turpitude can also trigger deportation. This means a conviction that seems minor could still put your legal status at risk.
Pleading Guilty Is Risky for Immigrants
While a plea deal might seem like an attractive option to resolve your criminal case quickly, it's crucial for non-citizens to evaluate any plea offer carefully. Even if a guilty plea helps you avoid jail time, it may still count as a conviction for immigration purposes. A dedicated South Florida criminal defense lawyer can help you understand all the potential consequences before accepting a plea. In some cases, it may be possible to negotiate an "immigration-safe" plea to an alternative charge.
Beyond the risk of deportation, a sex crime conviction can also make you ineligible for immigration benefits you might otherwise qualify for. This includes:
- Applying for a green card
- Renewing a green card
- Applying for citizenship through naturalization
- Seeking asylum or refugee status
- Re-entering the U.S. after foreign travel
Without access to these benefits, a conviction can completely derail your long-term immigration plans and goals.
Possible Defenses to Florida Sex Crime Charges
If you've been accused of a sex offense in Florida, don't lose hope. An experienced criminal defense attorney can evaluate the specific facts of your case and determine what defenses may apply. Some common strategies for fighting sex crime charges include:
Challenging Evidence
In any criminal case, the prosecution bears the burden of proving guilt beyond a reasonable doubt. A skilled defense lawyer will closely examine all the evidence, looking for weaknesses, inconsistencies, or violations of your constitutional rights. This may involve challenging the reliability of witness statements, questioning the chain of custody for physical evidence, or arguing that evidence was obtained through an illegal search or seizure.
Asserting Actual Innocence
One of the most straightforward defenses is asserting your actual innocence. Perhaps you have an alibi proving you couldn't have committed the alleged offense, or there's DNA evidence that exonerates you. Your attorney will work tirelessly to gather and present evidence supporting your innocence.
Arguing Lack of Intent and Challenging Consent
Some sex crimes, like lewd and lascivious acts or sexual battery, require the prosecution to prove you acted with a specific criminal intent. If your actions were accidental, misinterpreted, or lacked the required intent, this could be a strong defense. For example, if you genuinely believed your sexual encounter was consensual, your attorney may argue that you lacked the intent to commit sexual battery.
Consent is a key issue in many sex crime cases. The legal age of consent in Florida is 18, but there's a close-in-age exemption allowing consensual sex between minors aged 16-17 and partners up to age 23. If you're accused of statutory rape, your attorney may argue that your actions fell within this "Romeo and Juliet" exception. In cases involving the alleged sexual battery of an adult, your lawyer may argue that the encounter was entirely consensual and not forced or coerced.
Don't risk your future in the United States by facing sex crime accusations alone. A conviction can lead to deportation, detention, and ineligibility for immigration benefits you and your family may desperately need.