If you or a loved one have been charged with criminal damage, you may be wondering what your next steps should be. For those whose immigration or residency status is on the line, it’s even more important to receive the help of an attorney who understands the complexities of criminal defense for non-citizen clients. At Vianey K. Hurtado Law, we have made the combination of criminal defense and immigration law our specialty.
When it comes to criminal damage, there are a number of factors to consider. Charges will differ based on the monetary value of the damage, intentionality, and the function of the property which has been damaged. Only certain crimes and convictions put you at explicit risk of deportation, inadmissibility into the United States, or ineligibility to receive relief.
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Understanding Your Charge
You may have been told your charge, though it may not be clear why the crime fell into the category of “criminal damage”. This classification is reserved for crimes which are deemed reckless and involve acts like (but not limited to):
The value of the damage takes into account the labor, materials, equipment, and other costs necessary to restore property to its original condition. As a result, the amount of damage may be higher than is obvious.
In addition to the amount of the restoration costs, criminal damage to protected sites (such as places of worship, education facilities, cemeteries, etc) will put you at risk of the conviction of aggravated criminal damage, which involves more serious penalties and a tougher immigration case.
Vianey K. Hurtado has your best interests in mind, so she and her team will work hard to secure you the best possible outcome given your personal circumstances.
Arizona Penal Code establishes penalties for various types of criminal damage, based on the amount of damage. Penalties can include fines, prison or jail time, probation, or any combination of these and other types of penalties. The following is a guideline of the classification of crime expected for each level of damage.
The maximum terms of jail time can be as little as 4 months and up to 3 years for the convictions above, with fees ranging from hundreds to thousands. There are many factors which contribute to sentencing, so your defense strategy will need to be unique and tailored to your circumstances.
Your case may be more complex depending on the specific circumstances leading up to the criminal damage charge or if you had a domestic relationship with the victim. If the damage is extensive enough, a criminal damage conviction could be considered a Crime Involving Moral Turpitude (CIMT), which are crimes related to disrupting the moral or social order of society. CIMTs can be leveraged against you in immigration court to deny you a visa, green card, or residency.
Our team has been successful in pursuing alternative resolutions ultimately avoiding a criminal conviction–such as a diversion program, deferred prosecution, or a misdemeanor compromise that makes the victim whole by compensating them for the damage or loss they incurred. Working with an experienced criminal defense and immigration attorney ensures that your defense strategy is carefully crafted with your immigration status in mind, helping you avoid outcomes that could jeopardize your ability to stay in the United States.
Going to court can be frightening and confusing, even when you have strong legal counsel by your side. There are some case outcomes which may bear on your immigration status either immediately or in the future. With your lawyer, you should discuss:
Along with the other aspects of your case, the questions above will guide you in your goal to legally remain in the United States despite a charge of criminal damage.
At Vianey K. Hurtado Law, your concerns become our own when we take on your case. Our team is driven by our personal knowledge of immigration matters, and we are dedicated to achieving the best possible outcomes for our clients. Vianey K. Hurtado has years of experience in both criminal defense and immigration law, which makes her among the best choices in the Phoenix and Yuma areas for those who need an attorney with the expertise to handle complex cases.
We offer case evaluations that will provide you with a detailed look into your legal standing, possible defense avenues, and a chance to speak with Vianey K. Hurtado personally. Fill out a contact form or give our office a call to get in touch with Vianey K. Hurtado Law.
