Tips/Strategies

Tips for defense lawyers:

  1. To avoid Aggravated Felony, avoid sentence of one year or more (get 364 days or less).
  2. To avoid Crime Involving Moral Turpitude, consider alternative offenses such as Disorderly Conduct or Trespass (see below, PL 240.20 & 140.05); if that is not possible and if client has no prior Crime Involving Moral Turpitudes, consider alternative offense of attempt (PL 110.00) to commit 155.25, which as a B misdemeanor will not trigger deportability as “1 Crime Involving Moral Turpitude within 5 years of admission.”
  3. To avoid “crime of stalking,” Crime of Domestic Violence or Crime Against Child risks, consider alternative offenses such as Disorderly Conduct or Trespass (see below, PL 240.20 & 140.05). To minimize Crime Against Child risk if this is not possible, keep minority of complainant out of record of conviction.

Disclaimer

This calculator is not designed to provide legal advice over the Internet. Legal advice is dependent upon the specific circumstances of each situation. The information provided here is targeted toward collateral consequences in New York. The law varies from state to state, so that some information provided herein may not be correct outside New York State. In addition, immigration consequences which involve federal law may vary from one federal jurisdiction to another. While every effort is made to keep the content on this site current, the information contained herein is not guaranteed to be up-to-date. Therefore, the information provided herein cannot replace the advice of competent legal counsel licensed in your state.

Also, in the interest of making sure that defendants are aware of all possible risks, the Calculator may warn of probable or possible potential negative consequences even where there may be good arguments that conviction of a particular offense should not trigger these consequences. A skilled advocate may be able to overcome some of the potential consequences. Therefore, the information provided through the Calculator should not be taken as an absolute limitation on what such advocacy might achieve.

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