Assault Conviction May Get You Deported

There are two main categories of assault charges in Tennessee: simple assault and aggravated assault. A person who is convicted of either charge may be subject to time in jail or prison, as well as hundreds or thousands of dollars in fines, depending on the specific charges. For example, you could be charged with:

• Aggravated assault
• Assault and battery
• Assault with a deadly weapon
• Attacking a public employee
• Domestic violence
• Failing to protect your child from harm
• Making threats
• Simple assault
• Violating a restraining order

If you are a non-citizen, you could face deportation just for being charged with an assault crime; a conviction means that you are subject to removal from the country and immigration authorities would put you high on the list for removal.

You also should know that even if you are a legal permanent resident (“green card” holder), you also may face deportation if you are charged with or convicted of assault in any form.

What happens after you are charged with a crime?

If you are arrested for a crime like assault by a local police force, they will decide whether or not to contact Immigration and Customs Enforcement (ICE) officials; they may do this because they believe you are here illegally. From there, ICE can file a request for detention, also known as an “ICE hold.” The officials are supposed to come to get you within 48 hours. If they do not, the local police may choose to let you go.

If, however, the ICE official decides to initiate removal proceedings (deportation), then you could be held in a detention center indefinitely. The deportation officer may or may not allow you to post bond; it depends on whether he or she believes you are a danger or a flight risk.

If you have been charged with a crime of any kind, you should seek the help of an experienced immigration criminal defense attorney immediately. Do not sign anything until you have spoken to an attorney first, because you may be signing away your rights without realizing it.

The Law Office of Perry A. Craft helps individuals – citizens or immigrants – in Nashville protect themselves and their families. If you or a loved one has been charged with assault or any other crime, Nashville Immigration and Criminal Lawyer Perry Craft can help. Please call 615-953-3808 or fill out our contact form to learn more.