Quick Reference Chart for Determining Immigration Consequences ...

APPENDIX A: QUICK REFERENCE CHART FOR DETERMINING IMMIGRATION CONSEQUENCES OF COMMON NEW YORK OFFENSES
Offense
Grand larceny, 1st
degree
Class B felony
Robbery, 3rd
degree
Class D felony
Robbery, 2nd
degree
Class C felony
Robbery, 1st
degree
Class B felony
NYPL
Section
Aggravated
Felony (AF)?
deceit” AF
regardless of
sentence.
155.42 If term of
imprisonment
imposed is one
year or more,
probably is
“theft” AF.
Might also be
“fraud or deceit”
AF regardless
of sentence.
160.05 If term of
imprisonment
imposed is one
year or more, is
“crime of
violence” and
“theft” AF.
160.10 If term of
imprisonment
imposed is one
year or more, is
“crime of
violence” and
“theft” AF.
160.15 If term of
imprisonment
imposed is one
year or more, is
“crime of
violence” and
“theft” AF.
Crime Involving
Moral Turpitude
(CIMT)?
Yes.
Other Grounds?:
Controlled Substance (CSO)
Crime Against Child (CAC)
Dom. Violence (CODV) etc.
Firearm Offense (FO)
Prostitution
Commercialized Vice
Comments, Strategies & Tips
These are by no means an exhaustive list of strategies and tips
advocates may pursue. For additional defense lawyer strategies,
see Chapter 5. For additional immigration lawyer strategies, see
Appendix K.
Yes. Tip for defense lawyers:
1. To avoid AF, avoid sentence imposed of one year or
more (get 364 days or less) if possible.
Yes.
Subsection 2(b) probably is
FO if record of conviction
establishes that offense
involved a firearm.
Yes. Subsections (2), (3) and (4)
are FO if record of conviction
establishes that offense
involved a firearm.
Tip for defense lawyers:
1. To avoid AF, avoid this offense altogether and
consider alternative plea to Robbery, 3 rd with a sentence
of 364 days or less (see above, PL 160.05) if possible.
A-36 NYSDA IMMIGRANT DEFENSE PROJECT, December 2006