Understanding Second Degree Aggravated Assault

In the United States, aggravated assault is a severe form of assault which is categorized under specific degrees based on the gravity of the offense. Second degree aggravated assault is considered a serious felony that involves intentional harm with disregard for human life, use of a deadly weapon, or assault on persons like law enforcement officers.

Legal Definition

Second Degree Aggravated Assault typically includes:

  • Intentionally causing serious bodily injury
  • Reckless infliction of harm that demonstrates a depraved indifference to human life
  • Assault with a deadly weapon

The specific statutes defining this crime can be found in state penal codes, such as Section 120.05 of the New York Penal Law or N.J.S.A. 2C:12-1(b) in New Jersey.

The Immigration Consequences

For non-U.S. citizens, being convicted of a crime such as second degree aggravated assault can have dire immigration consequences. Under the Immigration and Nationality Act (INA), particularly Sections 237(a)(2)(A)(iii) and 237(a)(2)(E)(i), such convictions can lead to deportation and other immigration-related penalties.

Deportation Relief Options

Non-U.S. citizens facing deportation due to a second degree aggravated assault conviction may have limited relief options, including but not limited to:

  1. Cancellation of Removal: Available for certain permanent residents and non-permanent residents under INA Section 240A.
  2. Asylum: If the individual fears persecution in their home country.
  3. Withholding of Removal: Protection under INA Section 241(b)(3).
  4. Protection under the Convention Against Torture (CAT): If there is a risk of being tortured in the home country.

Each relief option comes with its own stringent eligibility criteria and procedural requirements.

Author’s Expertise

As an immigration and criminal defense attorney practicing in New York and New Jersey, I have witnessed the complexity of cases involving non-citizens charged with second degree aggravated assault. My experience in this field has provided me with insights into the intersection of criminal and immigration law, commonly referred to as “crimmigration.”

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FAQs – Frequently Asked Questions

Q: Can a green card holder be deported for a second degree aggravated assault conviction? A: Yes, a lawful permanent resident (green card holder) can be deported for a second degree aggravated assault conviction, as it may be considered an “aggravated felony” under immigration law.

Q: Are there any waivers available for aggravated assault convictions in immigration proceedings? A: Waivers are very limited for aggravated felonies, but in some cases, a waiver may be available under certain sections of the INA, depending on individual circumstances and the details of the case.

Q: Does a conviction for second degree aggravated assault always lead to deportation? A: While it often leads to deportation proceedings, each case is unique, and various defenses and forms of relief may prevent deportation.

Q: How does a conviction in one state affect immigration status if I live in another state? A: Immigration law is federal, so a conviction in any state can affect immigration status. It’s important to consult with an attorney who is well-versed in both immigration law and the specific state’s penal code.

Q: What should I do if I am a non-citizen facing a second degree aggravated assault charge? A: It is crucial to seek legal counsel from an attorney who specializes in both immigration and criminal law to navigate the potential consequences and explore all available defense strategies.

If you’re seeking to broaden your understanding of immigration law and its nuances, the following articles offer a wealth of information. From exploring waivers and legal procedures to analyzing the impact of specific crimes on immigration status, these resources are invaluable for anyone facing immigration challenges or interested in the field. Click through to read more on each topic.