What Criminal Offenses Are Deportable in California?
March 18, 2026 | Nafiz M. Ahmed
If you are a non-citizen living in California, a criminal conviction can do more than just land you in jail. Depending on the charge in question and the facts of your case, it could also lead to deportation. Knowing which crimes carry immigration consequences is important to know in advance, as even a minor plea deal could put your ability to stay in this country at risk.
Federal immigration law is primarily what determines whether a criminal offense can get you deported. However, California law also may play a role in some circumstances. If you’re facing charges and are worried about your immigration status, setting up a free consultation with a criminal defense lawyer who understands both sides should be your first move.
Aggravated Felonies
This is the most serious category when it comes to immigration consequences. Per the Immigration and Nationality Act (INA), a conviction for an “aggravated felony” almost always results in mandatory deportation. Despite the name, not every offense in this category would necessarily be considered a felony under California law.
Examples include:
- Homicide
- Rape
- Drug trafficking
- Fraud involving losses over $10,000
- Certain firearms offenses
A conviction in this category can also permanently bar you from coming back to the United States.
Crimes Involving Moral Turpitude
This is a broad category that covers offenses involving dishonesty, fraud, or conduct that is considered morally wrong.
Common examples of crimes involving moral turpitude are:
- Theft and fraud
- Assault with intent to cause serious harm
- Certain domestic violence offenses
- Perjury
A single conviction for one of these crimes may lead to deportation if it happens within five years of your admission to the country (ten years in certain cases) and carries a potential sentence of one year or more. Multiple convictions can also make you deportable, regardless of when or how long ago they occurred.
Drug Offenses
Almost any drug crime conviction can create immigration problems, including many that seem relatively minor. Possession, sale, and distribution of controlled substances are all potentially deportable offenses.
There is a narrow exception for a first offense involving simple possession of a small amount of marijuana. That said, even that has limits and should not be relied on without legal advice.
Domestic Violence Offenses
Convictions for domestic violence, as well as violations of protective orders, can also lead to deportation. Immigration courts take these offenses seriously, no matter if they’re charged as misdemeanors or felonies.
How California Law Can Help Protect You
California has taken steps to give non-citizens some additional protection when facing criminal charges. One of these is described by Penal Code § 1473.7. Under this law, individuals who were not properly warned about the immigration consequences of a plea deal may be able to have their conviction thrown out.
On top of that, California courts are required under Penal Code § 1016.3 to consider immigration consequences during plea negotiations. This could give your defense attorney the opportunity to advocate for you and seek an outcome that doesn’t lead to your deportation.
These protections don’t eliminate the risk entirely. However, they can open important doors if you’ve been charged with a deportable offense.
Contact Ahmed & Sukaram Criminal Defense Attorneys to Speak With a San Jose Criminal Defense Attorney for Help Today
When your ability to remain in the United States is on the line, the stakes couldn’t be higher. The right defense strategy can mean the difference between staying in the country and being forced to leave everything behind.
If you’re facing criminal charges in California and are concerned about how a conviction could affect your immigration status, Ahmed & Sukaram, Criminal Defense Attorneys, can help. Contact our San Jose criminal defense lawyers, who handle both criminal and immigration matters, to help you protect your future and work toward the best possible outcome for your case.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500