Thomas C. Grajek | April 6, 2026 | Criminal Defense
A “deportable offense” is a criminal offense or related conduct that may make a non-citizen removable under U.S. immigration law. Simply being arrested for a crime, however, does not automatically trigger deportation for the defendant.
Whether a criminal case will have immigration consequences depends on several specific factors, including the exact charge filed, exactly how the case ends (plea, conviction, or dismissal), the final sentence received, and even what immigration status the person holds at the time.
Below are some of the most common, but each category requires careful investigation and analysis for your particular facts.
Crimes Involving Moral Turpitude
Crimes involving moral turpitude broadly refer to criminal activity involving dishonesty or deliberate harm to others. Examples may include:
- Fraud
- Theft
- Certain intentional dishonest acts
- Some violent criminal offenses, depending on their legal elements
Not every theft, assault, or fraud charge will automatically make a person deportable. Whether an offense affects immigration usually depends on its statutory language (the words of the law), the penalty imposed, the person’s visa category or immigration status, as well as details from their individual immigration history.
Even the timing of the offense, such as when it occurred relative to entry or visa renewal, can be important. The law regarding moral turpitude is especially confusing. Never assume a criminal charge puts you at risk (or not at risk) based only on the name of the crime. Always check with someone who understands immigration law and how it intersects with criminal law.
Aggravated Felonies
In immigration law, “aggravated felony” is a technical term used in immigration, not a label in a regular state court. Offenses may count as aggravated felonies for immigration purposes even if they aren’t classified or named felonies under Florida law (or other state law).
Crimes include, but are not limited to:
- Murder
- Certain drug trafficking or selling offenses
- Some theft or fraud crimes (especially where the loss is above a set amount)
- Certain violent acts
- Sexual abuse of a minor
- Some firearm violations
- Obstruction of justice or perjury offenses in some instances
Immigration and federal law frequently change how these offenses are defined. The same conviction could have different immigration consequences for people in very similar legal situations.
Drug Offenses and Deportation Risk
Drug-related charges may trigger mandatory removal proceedings. Cases involving the sale, manufacture, or trafficking of controlled substances create one of the biggest risks for non-citizens. Similar to the other categories, though, this is not a hard and fast rule. There is also a statutory exception for a single offense involving possession for personal use of 30 grams or less of marijuana.
You should always speak with a lawyer to determine the potential consequences. It’s especially important not to plead guilty to any crime before talking to a lawyer who understands criminal and immigration law.
Domestic Violence, Child Abuse, and Related Offenses
Offenses involving family violence or harm to children, such as domestic violence, child abuse, child neglect, or stalking, can have very serious immigration consequences. Even offenses that seem minor or are classified as misdemeanors at the state level may make someone removable or bar them from applying for immigration relief in the future.
Convictions for violating orders of protection may also lead to deportation risks.
Firearm Offenses
Firearm charges can lead to significant problems for immigrants. Both federal immigration law and many state statutes treat gun offenses harshly; a single conviction can trigger removal or prevent future visa, green card, or naturalization applications.
Contact Grajek Criminal Defense Attorneys To Learn How a Lakeland Criminal Defense Lawyer Can Help
If you or a loved one is facing charges and unsure about your immigration status in Florida, do not take unnecessary chances. Get legal advice from a firm with immigration knowledge. The intersection between criminal and immigration law is highly technical, and working with the wrong team can cost you your future in the United States.
For more information, contact the Lakeland criminal defense attorneys at Grajek Criminal Defense Attorneys for a free consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St, Lakeland, FL 33803
(863) 688-4606