Misdemeanor Assault Charge Criminal Law

Peter1421 · Jan 5, 2008

I was recently arrested for a misdemeanor class A assult charge in Tx. I am a green card holder.

The D.A has offered me a one year probation with a $750 fine and anger management. My criminal attonrey has advised me that i should take the offer and my immigration attorney advised me that my assault charge will not be grounds for deportation becuase its a simple assault charge and as such is not defined as a crime of violence for immgration purposes.

I am not convinced and want another opinion. Can anyone please help me. I appreciate any advice you can give me in this area.

Thanks.

P.S. I have read somewhere that if i get a probation period of under a year then that would be helpful?

Peter1421 · Jan 7, 2008

Clarification

Just to clarify the offer is no contest to a class A misdemeanor assault charge.

mafioso · Jan 7, 2008

Some counties could reduce it to disorderly conduct which is not a CIMT. But some would not…………..Simple assault is not a CIMT. But if there is any chance you can fight the charge, the better. But I would not affect your status. Just make sure you don’t get into any more trouble………..that would hurt. Class A misdemeanors in Texas meet the petty crime exception if you are sentences to less than six months in jail. Class A has a max time of up to a year and a max fine of 4000$.

Peter1421 · Jan 7, 2008

Mafioso,

Thanks for your response, not sure I competely follow though. I need to plea to the class A misdemeanor (my sttorney told me its a good deal) and its assault with a one year probation period. Are you saying this wont make me deportable? If so this is good news but i want to make sure im following you.

Also, is it beneficial to get a sentence of under one year even if its 364 days, so it doesnt qualify for the AF? Also, does it matter which assualt I plea to, there are three different subsections under the Tx code?

Thnaks.

someone25 · Jan 7, 2008

i think you need to get a sentence less than half year to meet the petty offense exception

mafioso · Jan 8, 2008

Your offense would not make you deportable or ineligible for immigration relief. You would be fine... just make sure it is reviewed...........The type of assault matters........Your plea must be reviewed by at least two immigration attorneys before you sign it. Your plea can be written well so you have no immigration problems. It would not make you deportable if structured correctly. The thing with immigration law is, a charge might not create any problem but the statements and deal structure might be a problem if it does not meet certain specifications. Class A would not affect your status if well structured. So you would not face any problems. Your crime is a misdemeanor not a felony. You would be okay with the as stated probation.

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Misdemeanor Assault Charge Criminal Law

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