IMMIGRATION CONSEQUENCES OF SELECTED VIRGINIA STATUTES
by Mary Holper
October 2007
Offense

CIMT

CRIMES AGAINST THE PERSON
18.2-32
Yes
Murder
18.2-35
Yes
Voluntary
manslaughter
18.2-36
Yes
Involuntary
manslaughter
18.2-36.1(A)
No
Vehicular
manslaughter

18.2-36.1(B)
Vehicular
manslaughter

Yes

Aggravated
felony

Crime relating to a
controlled substance

Other immigration
consequences

Alternate pleas
and practice tips

Yes, under (A)
Yes, under (F) if
sentence imposed
is at least one year
No

Keep sentence
under one year;
Plead to 18.2-36

No

Yes, if record of
conviction shows
driving under the
influence of a
controlled substance

No

Yes, if record of
conviction shows
driving under the
influence of a
controlled substance

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Keep reference to
driving under the
influence of a
controlled substance
out of record of
conviction
Keep reference to
driving under the
influence of a
controlled substance
out of record of
conviction; Plead to
18.2-36.1(A)

1

Offense
18.2-41
Wounding my mob

CIMT
Yes

18.2-42
Assault and battery by
mob

Probably not

18.2-46.3(A)
Recruitment of
persons for criminal
street gang
18.2-46.3(B)
Recruitment of
persons for criminal
street gang
18.2-47
(misdemeanor)
Abduction and
kidnapping
18.2-47 (felony)
Abduction and
kidnapping

Probably not

Aggravated
felony
Yes, under (F) if
sentence imposed
is at least one year
Yes, under (E) if
record of
conviction shows
shooting firearm
Possibly, under
(F) if sentence
imposed is at least
one year
No

Probably

Yes, under (F) if
sentence imposed
is at least one year

Probably

Probably not

Yes

Probably, under
(F) if sentence
imposed is at least
one year

Crime relating to a
controlled substance

Other immigration
consequences
Yes, firearms
offense if record of
conviction shows
wounding by
firearm and firearm
meets federal
definition

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep sentence
under one year;
keep reference to
firearm out of
record of conviction

Keep sentence
under one year

Keep sentence
under one year;
Plead to 18.246.3(A)

Keep sentence
under one year;
Plead to
misdemeanor

2

Offense

CIMT

18.2-49
Threatening,
attempting or assisting
in abduction

Yes

18.2-49.1
Violation of court
order regarding
custody and visitation

Probably not

18.2-51
Unlawful or malicious
wounding

Yes

Aggravated
felony
Yes, under (H) if
for ransom; Yes,
under (F) if
sentence imposed
is at least one
year; Yes, under
(K) if abduction
for purposes of
prostitution and
committed for
commercial
advantage
Probably not

Probably, under
(F), if sentence
imposed is at least
one year; Yes,
under (E) if record
of conviction
shows defendant
shot firearm

Crime relating to a
controlled substance

Other immigration
consequences

Yes, violation of
restraining order if
defendant violates
portion that protects
victim against
threats of
harassment,
violence, or injury
Yes, firearms
offense if record of
conviction shows
defendant shot
firearm and firearm
meets federal
definition

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips

Keep sentence
under one year;
Keep reference to
firearm out of
record of conviction

3

Offense

CIMT

18.2-51.2
Aggrava ted malicious
wounding

Yes

18.2-51.3
Reckless
endangerment
18.2-55.1
Hazing of youth gang
members (reckless act)
18.2-55.1
Hazing of youth gang
members (intentional
act)
18.2-57(A)
Assault and battery

Probably

Aggravated
felony
Yes, under (F) if
sentence imposed
is at least one
year; Yes, under
(E) if record of
conviction shows
defendant shot
firearm
Probably not

No

No

Yes

Probably, under
(F) if sentence
imposed is at least
one year
Possibly, under
(F) if sentence
imposed is at least
one year

No

Crime relating to a
controlled substance

Other immigration
consequences
Yes, firearms
offense if record of
conviction shows
defendant shot
firearm and firearm
meets federal
definition

Yes, domestic
violence offense if
immigration court
finds crime of
violence and facts
show domestic

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep sentence
under one year;
Keep reference to
firearm out of
record of conviction

Keep sentence
under one year;
Plead to reckless
conduct
This offense is
always charged as
aggravated felony
crime of violence,
so keep sentence
under one year

4

Offense

CIMT

18.2-57(C)
Assault and battery on
police officer

Yes

18.2-57.2
Assault and battery on
a family member

Probably not

Possibly, under
(F) if sentence
imposed is at least
one year

Yes, domestic
violence offense if
immigration court
determines that it is
a crime of violence

Yes

Yes, under (G)
and probably (F)
if sentence
imposed is at least
one year

Yes, firearms
offense if record of
conviction shows
defendant used
firearm and firearm
meets federal
definition

18.2-58
Robbery

Aggravated
felony
Possibly, under
(F) if sentence
imposed is at least
one year

Crime relating to a
controlled substance

Other immigration
consequences

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
This offense is
always charged as
aggravated felony
crime of violence,
so keep sentence
under one year
This offense is
always charged as
aggravated felony
crime of violence,
so keep sentence
under one year; This
offense will
probably be charged
as CIMT if record
of conviction shows
injury to victim
Keep sentence
under one year;
Keep reference to
firearm out of
record of conviction

5

Offense
18.2-58.1
Carjacking

18.2-59
Extorting money by
threats

18.2-60
Felony threats

18.2-60
Misdemeanor threats

18.2-60.3
Stalking

CIMT
Probably

Yes

Probably

Probably not

Probably

Aggravated
felony
Yes, under (F) and
(G) if sentence
imposed is at least
one year

Yes, under (H);
Possibly under (F)
if sentence
imposed is at least
one year
Probably, under
(F) if sentence
imposed is at least
one year
Probably, under
(F) if sentence
imposed is at least
one year
Probably, under
(F) if sentence
imposed is at least
one year

Crime relating to a
controlled substance

Other immigration
consequences
Yes, firearms
offense if record of
conviction shows
defendant used
firearm and firearm
meets federal
definition

Alternate pleas
and practice tips
Keep sentence
under one year;
Keep reference to
firearm out of
record of conviction

Keep sentence
under one year;
Plead to
misdemeanor
Keep sentence
under one year

Yes, stalking
offense

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Keep sentence
under one year

6

Offense

CIMT

18.2-60.4
Violation of protective
order

No

Aggravated
felony
No

16.1-253.2
Misdemeanor
violation of provisions
of protective orders

No

No

Yes, if causation
of injury; Yes, if
record of
conviction shows
breaking and
entering home
with intent to
commit CIMT

Probably, under
(F) if sentence
imposed is at least
one year

16.1-253.2
Felony violation of
provisions of
protective orders

Crime relating to a
controlled substance

Other immigration
consequences
Yes, violation of
restraining order if
defendant violates
portion that protects
victim against
threats of
harassment,
violence, or injury
Yes, violation of
restraining order if
defendant violates
portion that protects
victim against
threats of
harassment,
violence, or injury
Yes, violation of
restraining order if
defendant violates
portion that protects
victim against
threats of
harassment,
violence, or injury;
Yes, domestic
violence offense if
immigration court
finds crime of
violence

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips

Keep sentence
under one year;
Plead to
misdemeanor

7

Offense

CIMT

18.2-61
Rape

Yes

18.2-63
Carnal knowledge

Yes

18.2-67.1
Forcible sodomy
against child

Yes

18.2-67.1
Forcible sodomy
against adult
18.2-67.2
Object sexual
penetration against
child
18.2.-67.2
Object sexual
penetration against
adult
18.2-67.3
Aggravated sexual
battery against child

Yes

Yes

Yes

Yes

Aggravated
felony
Yes, under (A);
Yes, under (F) if
sentence imposed
is at least one year
Yes, under (A);
Yes, under (F) if
sentence imposed
is at least one year
Yes, under (A);
Yes, under (F) if
sentence imposed
is at least one year
Yes, under (F) if
sentence imposed
is at least one year
Yes, under (A);
Yes, under (F) if
sentence imposed
is at least one year
Yes, under (F) if
sentence imposed
is at least one year
Yes, under (A);
Yes, under (F) if
sentence imposed
is at least one year

Crime relating to a
controlled substance

Other immigration
consequences

Alternate pleas
and practice tips

Yes, child abuse
offense

Keep sentence
under one year
Yes, child abuse
offense

Keep sentence
under one year

Yes, child abuse
offense

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

8

Offense

CIMT

18.2-67.3
Aggravated sexual
battery against adult
18.2-67.4
Sexual battery against
child

Yes

18.2-67.4
Sexual battery against
adult

Yes

Yes

18.2-67.5
Yes
Attempted rape, etc.
CRIMES INVOLVING FIREARMS
18.2-53
Yes
Shooting, etc., in
attempt or commission
of a felony

Aggravated
felony
Yes, under (F) if
sentence imposed
is at least one year
Yes, under (A);
Yes, under (F) if
sentence imposed
is at least one year
Probably not if
sexual abuse
committed by
ruse; other
offenses yes under
(F) if sentence
imposed is at least
one year
Yes

Yes, under (F) if
sentence imposed
is at least one
year; Yes, under
(E) if record of
conviction shows
defendant shot
firearm

Crime relating to a
controlled substance

Other immigration
consequences

Alternate pleas
and practice tips
Keep sentence
under one year

Yes, child abuse
offense

Plead to sexual
abuse by ruse; Keep
sentence under one
year because this
offense will be
charged as
aggravated felony
crime of violence

Yes, firearms
offense if record of
conviction shows
defendant shot
firearm and firearm
meets federal
definition

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Keep sentence
under one year;
Keep reference to
firearm out of
record of conviction

9

Offense

CIMT

18.2-53.1
Use of firearm in
commission of felony

Yes

18.2-53.1
Display of firearm in
commission of felony
18.2-56.1
Reckless handling of
firearm

Probably

No

Aggravated
felony
Yes, under (F) if
sentence imposed
is at least one
year; Yes, under
(E) if record of
conviction shows
defendant shot
firearm
Yes, under (F) if
sentence imposed
is at least one year
No

18.2-56.2(A)
Recklessly leaving
unsecured firearms
around juveniles
18.2-56.2(B)
Knowingly
authorizing child to
use firearm
18.2-154
Malicious shooting at
or throwing missiles,
etc., at train, car,
vessel

No

No

Probably

No

Yes

Probably, under
(E); Yes, under
(F) if sentence is
at least one year

Crime relating to a
controlled substance

Other immigration
consequences
Yes, firearms
offense

Alternate pleas
and practice tips
Keep sentence
under one year;
Keep reference to
defendant shooting
firearm out of
record of conviction

Yes, firearms
offense

Keep sentence
under one year

Yes, firearms
offense if firearm if
firearm meets
federal definition
Probably firearms
offense if firearm
meets federal
definition
Probably firearms
offense if firearm
meets federal
definition
Yes, firearms
offense if firearm
meets federal
definition

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Plead to 18.256.2(A)

10

Offense

CIMT

18.2-154
Unlawful shooting at
or throwing missiles,
etc., at train, car,
vessel
18.2-279
Maliciously or
willfully discharging
firearms or missiles
within or at building or
dwelling house
18.2-279
Unlawfully
discharging firearms
or missiles within or at
building or dwelling
house
18.2-280
Willfully discharging
firearms in public
places

Probably not

18.2-282
Pointing, holding or
brandishing firearm

Probably not

Aggravated
felony
Probably, under
(E)

Crime relating to a
controlled substance

Other immigration
consequences
Yes, firearms
offense if firearm
meets federal
definition

Probably

Probably, under
(E); Yes, under
(F) if sentence
imposed is at least
one year

Yes, firearms
offense if firearm
meets federal
definition

Probably not

Probably, under
(E); Yes, under
(F) if sentence
imposed is at least
one year

Yes, firearms
offense if firearm
meets federal
definition

Probably

Probably, under
(E); Probably,
under (F) if
sentence imposed
is at least one year
Probably, under
(F) if sentence
imposed is at least
one year

Yes, firearms
offense if firearm
meets federal
definition
Yes, firearms
offense if firearm
meets federal
definition

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips

Keep sentence
under one year

11

Offense

CIMT

Aggravated
felony
Probably not

Crime relating to a
controlled substance

Other immigration
consequences
Yes, firearms
offense if firearm
meets federal
definition
Yes, firearms
offense

Alternate pleas
and practice tips
Plead to nonfirearm weapon

18.2-286
Shooting in or across
road or street

Probably not

18.2-286.1
Shooting from vehicle
so as to endanger
persons

Yes

18.2-287.4
Carrying loaded
firearm in public areas
18.2-300
Possession of sawedoff shotgun for any
purpose
18.2-300
Possession of sawedoff shotgun in crime of
violence

Probably not

Probably, under
(E); Yes, under
(F) if sentence
imposed is at least
one year
No

No

No

Yes, firearms
offense

Probably

Yes, under (F) for
underlying crime
of violence if
sentence imposed
is at least one year
Probably, under
(E); Probably,
under (F) if
sentence imposed
is at least one year

Yes, firearms
offense

Plead to possession
for any purpose

Yes, firearms
offense

Plead to possession
for any purpose

18.2-300
Use of sawed-off
shotgun

Yes

Yes, firearms
offense

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

12

Offense

CIMT

18.2-308
Carrying concealed
weapon

Probably not

Aggravated
felony
No

18.2-308.2:01
Possession or
transportation of
certain firearms by
certain persons
18.2-308.2:1
Sale, etc., of firearms
to certain persons

Probably not

Yes, under (E)

No

No

CRIMES AGAINST PROPERTY
18.2-77
Yes
Arson
18.2-89
Burglary

Yes, if record of
conviction shows
burglary with
intent to commit
CIMT

Yes, under (F) if
sentence imposed
is at least one year
Yes, under (F) if
sentence imposed
is at least one year

Crime relating to a
controlled substance

Other immigration
consequences
Yes, firearms
offense if firearm
meets federal
definition
Yes, firearms
offense

Alternate pleas
and practice tips
Plead to nonfirearm weapon

Plead to 18.2-308

Yes, firearms
offense if firearm
meets federal
definition
Keep sentence
under one year
Yes, firearms
offense if defendant
armed with firearm
described in federal
definition

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Keep sentence
under one year;
Keep intent to
commit CIMT (i.e.
larceny) and firearm
out of record of
conviction

13

Offense

CIMT

18.2-90
Breaking and entering
with intent to commit
murder, rape, robbery,
or arson

Yes

Aggravated
felony
Yes, under (F) if
sentence imposed
is at least one year

Crime relating to a
controlled substance

Other immigration
consequences
Yes, firearms
offense if defendant
armed with firearm
described in federal
definition

18.2-91
Statutory burglary

Yes, if record of
conviction shows
burglary with
intent to commit
CIMT

Yes, under (F) if
sentence imposed
is at least one year

Yes, firearms
offense if defendant
armed with firearm
described in federal
definition

18.2-92
Breaking and entering
dwelling house with
intent to commit other
misdemeanor

Yes, if record of
conviction shows
burglary with
intent to commit
CIMT

Yes, under (F) if
sentence imposed
is at least one year

Yes, firearms
offense if defendant
armed with firearm
described in federal
definition

18.2-94
Possession of burglary
tools

Possibly, if
record of
conviction shows
possession with
intent to use in
CIMT burglary

Possibly, under
(G) and (U) if
sentence is at least
one year

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep sentence
under one year;
Keep intent to
commit CIMT (i.e.
larceny) and firearm
out of record of
conviction
Keep sentence
under one year;
Keep intent to
commit CIMT (i.e.
larceny) and firearm
out of record of
conviction
Keep sentence
under one year;
Keep intent to
commit CIMT (i.e.
larceny) and firearm
out of record of
conviction
Keep sentence
under one
year

14

Offense

CIMT

18.2-95
Grand larceny

Yes

18.2-96
Petty larceny

Yes

18.2-96.1
Identification of
certain personalty
18.2-98
Larceny of bank notes,
checks, etc.
18.2-102
Unauthorized use of
animal, aircraft,
vehicle, or boat
18.2-103
Concealing or taking
possession of stolen
merchandise
18.2-103
Altering price tags or
switching containers

Possibly

Yes

No

Yes

Yes

Aggravated
felony
Yes, under (G) if
sentence imposed
is at least one year
Yes, under (G) if
sentence imposed
is at least one year
Possibly, under
(G) and (U) if
sentence imposed
is at least one year
Yes, under (G) if
sentence imposed
is at least one year
Yes, under (G) or
(F) if sentence
imposed is at least
one year
Yes, under (G) if
sentence imposed
is at least one year

Crime relating to a
controlled substance

Other immigration
consequences

Probably not

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep sentence
under one year
Keep sentence
under one year
Keep sentence
under one year

Keep sentence
under one year
Keep sentence
under one year

Keep sentence
under one year

This offense will
likely be charged as
a an aggravated
felony theft offense,
so keep sentence
under one year

15

Offense

CIMT

18.2-105.2
Manufacture or sale of
devices to shield
against electronic
detection of
shoplifting
18.2-107
Theft of public records
by others than officers
18.2-107
Fraudulently secrete or
destroy public record
18.2-108
Receiving stolen
goods
18.2-108.1
Receipt of stolen
firearm

Probably

18.2-108.01
Larceny with intent to
sell or distribute
18.2-108.01
Larceny with intent to
sell or distribute
property that
defendant should have
known was stolen

Yes

Yes

Yes

Yes

Yes

Possibly not

Aggravated
felony
Possibly, under
(G) and (U) if
sentence imposed
is at least one year

Yes, under (G), if
sentence imposed
is at least one year
Yes, under (M), if
loss to victim
exceeds $10,000
Yes, under (G) if
sentence imposed
is at least one year
Yes, under (E);
Yes, under (G) if
sentence imposed
is at least one year
Yes, under (G) if
sentence imposed
is at least one year
Yes, under (G) if
sentence imposed
is at least one year

Crime relating to a
controlled substance

Other immigration
consequences

Alternate pleas
and practice tips
Keep sentence
under one year

Keep sentence
under one year
Keep loss to victim
under $10,000
Keep sentence
under one year
Yes, firearms
offense if firearm
meets federal
definition

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Keep sentence
under one year
Keep sentence
under one year

16

Offense
18.2-109
Receipt or transfer of
possession of stolen
vehicle, aircraft, boat
18.2-109
Receipt or transfer of
possession of stolen
vehicle, aircraft, boat
which defendant
should have known
was stolen
18.2-111
Embezzlement

18.2-119
Trespass after having
been forbidden to do
so

CIMT
Yes

Aggravated
felony
Yes, under (G) if
sentence imposed
is at least one year

Crime relating to a
controlled substance

Other immigration
consequences

Alternate pleas
and practice tips
Keep sentence
under one year

Possibly not

Yes, under (G) if
sentence imposed
is at least one year

Keep sentence
under one year

Yes

Yes, under (G) if
sentence imposed
is at least one
year; Yes, under
(M) if loss to
victim exceeds
$10,000
No

Keep sentence
under one year;
Keep loss to victim
under $10,000

Possibly, if
record of
conviction shows
that defendant
trespassed with
intent to commit
CIMT

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Keep intent to
commit CIMT (i.e.
larceny) out of
record of conviction

17

Offense
18.2-121
Entering property of
another for purposes
of damaging it

18.2-134
Trespass on posted
property
18.2-137(A)
Unlawful destruction
of property
18.2-137(B)
Misdemeanor
intentional destruction
of property
18.2-137(B)
Intentional destruction
of property

CIMT
Probably, if
record of
conviction shows
that defendant
entered property
of another with
intent to commit
CIMT (i.e.
intentional
destruction of
property)
Probably not

Aggravated
felony
Probably, under
(G) if record of
conviction shows
defendant
unlawfully
entered structure
and sentence
imposed is at least
one year

Crime relating to a
controlled substance

Other immigration
consequences

No

No

No

Probably

Probably not

Probably

Probably, under
(F) if sentence
imposed is at least
one year

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep record of
conviction clear of
unlawful entry;
Keep sentence
under one year

Keep intent to
commit CIMT (i.e.
larceny) out of
record of conviction

Plead to
misdemeanor
unlawful destruction
of property
Plead to
misdemeanor
unlawful destruction
of property; Keep
sentence under one
year

18

Offense

CIMT

18.2-138
Misdemeanor
damaging public
buildings or book, etc.;
Felony damaging
books, etc.
18.2-138
Felony damaging
public buildings

Yes

18.2-146
Tampering with
vehicle
18.2-147
Entering or setting a
vehicle in motion

Yes

Probably

Yes, if record of
conviction shows
that defendant
entered vehicle
with intent to
commit CIMT
(i.e. intentional
destruction of
property)

Aggravated
felony
Probably not

Crime relating to a
controlled substance

Other immigration
consequences

Alternate pleas
and practice tips

Probably, under
(F) if sentence
imposed is at least
one year
Probably not

Plead to
misdemeanor; Keep
sentence under one
year

No

Keep any reference
to intent to commit
CIMT out of record
of conviction

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

19

Offense

CIMT

18.2-147.1
Breaking and entering
railroad cars, etc.

Yes, if record of
conviction shows
that defendant
entered vehicle
with intent to
commit CIMT
(i.e. intentional
destruction of
property)
Yes

18.2-152
Misdemeanor stealing
from or tampering
with parking meter,
etc.
18.2-152
Felony stealing from
or tampering with
parking meter, etc.
18.2-152.3
Computer Fraud

Yes

Yes

Aggravated
felony
Probably, under
(G) if sentence
imposed is at least
one year

Crime relating to a
controlled substance

Other immigration
consequences
Yes, firearms
offense if record of
conviction shows
defendant used
firearm and firearm
meets federal
definition

Alternate pleas
and practice tips
Keep sentence
under one year;
Keep any reference
to intent to commit
CIMT and firearm
out of record of
conviction

Probably not

Probably, under
(F) if sentence
imposed is at least
one year
Yes, under (G) if
sentence imposed
is at least one
year; Yes, under
(M) if loss to
victim exceeds
$10,000

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Keep sentence
under one year;
Plead to
misdemeanor
Keep sentence
under one year;
Keep loss to victim
under $10,000

20

Offense
18.2-152.6
Theft of computer
services

CIMT
Yes

CRIMES INVOLVING FRAUD
18.2-168
Yes
Forging public records

18.2-171
Making or having
anything designed for
forging any writing

Yes

Aggravated
felony
Probably, under
(G) if sentence
imposed is at least
one year;
Probably, under
(M) if loss to
victim exceeds
$10,000

Crime relating to a
controlled substance

Other immigration
consequences

Yes, under (R) if
sentence imposed
is at least one
year; Yes, under
(M) if loss to
victim exceeds
$10,000
Yes, under (R) if
sentence imposed
is at least one
year; Probably,
under (M) and (U)
if loss to to victim
exceeds $10,000

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep sentence
under one year;
Keep loss to victim
under $10,000

Keep sentence
under one year;
Keep loss to victim
under $10,000

Keep sentence
under one year;
Keep loss to victim
under $10,000

21

Offense

CIMT

18.2-172
Forging, uttering, etc.
other writings

Yes

18.2-173
Having in possession
forged coin or bank
notes

Yes

18.2-178
Obtaining money by
false pretense

Yes

18.2-178
Obtaining signature by
false pretense

Yes

Aggravated
felony
Yes, under (R) if
sentence imposed
is at least one
year; Yes, under
(M) if loss to
victim exceeds
$10,000
Yes, under (R) if
sentence imposed
is at least one
year; Probably,
under (M) and (U)
if loss to victim
exceeds $10,000
Yes, under (M) if
loss to victim
exceeds $10,000

Crime relating to a
controlled substance

Other immigration
consequences

Yes, under (M) if
loss to victim
exceeds $10,000;
Yes, under (R) if
sentence imposed
is at least one year

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep sentence
under one year;
Keep loss to victim
under $10,000

Keep sentence
under one year;
Keep loss to victim
under $10,000

Keep loss to victim
under $10,000;
Keep sentence
under one year
because offense will
probably be charged
as aggravated
felony theft offense
Keep loss to victim
under $10,000;
Keep sentence
under one year

22

Offense

CIMT

Aggravated
felony
Yes, under (M)
and (U) if loss to
victim exceeds
$10,000

Crime relating to a
controlled substance

Other immigration
consequences

Alternate pleas
and practice tips
Keep loss to victim
under $10,000;
Keep sentence
under one year
because offense will
probably be charged
as aggravated
felony theft offense
Keep loss to victim
under $10,000

18.2-181; 18.2-181.1
Issuing bad checks,
larceny

Yes

18.2-186.2
False statements or
failure to disclose
material facts in order
to obtain housing
benefits
63.2-522
False statements to
obtain public
assistance
63.2-523
Unauthorized use of
food stamps, benefit
transfer cards, etc.
18.2-186.3(A)(1);
(B)(1)
Identity theft

Yes

Yes, under (M)
and (U) if loss to
victim exceeds
$10,000

Yes

Yes, under (M) if
loss to victim
exceeds $10,000

Keep loss to victim
under $10,000

Yes

Yes, under (M) if
loss to victim
exceeds $10,000

Keep loss to victim
under $10,000

Yes

Yes, under (M) if
loss to victim
exceeds $10,000;
Probably, under
(G) if sentence
imposed is at least
one year

Keep loss to victim
under $10,000;
Keep sentence
under one year

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

23

Offense

CIMT

18.2-186.3
(A)(2);(A)(3);(A)(4);
(B)(2); (B)(3)
Identity theft

Yes

18.2-192
Credit card theft

Yes

18.2-193
Credit card forgery

Yes

18.2-195(1)(a)
Credit card fraud

Yes

18.2-195(1)(b); (1)(c);
2(c)
Credit card fraud

Yes

Aggravated
felony
Yes, under (M) if
loss to victim
exceeds $10,000;
Probably not,
under (G) if
sentence imposed
is at least one year

Crime relating to a
controlled substance

Other immigration
consequences

Yes, under (G) if
sentence imposed
is at least one year
Yes, under (R) if
sentence imposed
is at least one
year; Yes, under
(M) if loss to
victim exceeds
$10,000
Yes, under (M) if
loss to victim
exceeds $10,000;
Probably, under
(G) if sentence
imposed is at least
one year
Yes, under (M) if
loss to victim
exceeds $10,000

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep loss to victim
under $10,000;
Keep sentence
under one year
because offense will
likely be charged as
aggravated felony
theft offense
Keep sentence
under one year
Keep sentence
under one year;
Keep loss to victim
under $10,000

Keep sentence
under one year;
Keep loss to victim
under $10,000

Keep loss to victim
under $10,000

24

Offense

CIMT

18.2-195(1)(d)
Credit card fraud

Yes

18.2-195(2)(a); (2)(b)
Credit card fraud

Yes

18.2-197
Criminally receiving
goods and services
fraudulently obtained

Yes

18.2-204.1
Fraudulent use of birth
certificates, drivers’
licenses

Yes

Aggravated
felony
Yes, under (M) if
loss to victim
exceeds $10,000;
Probably not,
under (G) if
sentence imposed
is at least one year
Yes, under (M) if
loss to victim
exceeds $10,000;
Possibly, under
(G) and (U) if
sentence imposed
is at least one year
Yes, under (G) if
sentence imposed
is at least one
year; Yes, under
(M) if loss to
victim exceeds
$10,000
Probably under
(M) if loss to
victim exceeds
$10,000

Crime relating to a
controlled substance

Other immigration
consequences

Alternate pleas
and practice tips
Keep loss to victim
under $10,000;
Keep sentence
under one year
because offense
may be charged as
aggravated felony
theft offense
Keep loss to victim
under $10,000;
Keep sentence
under one year

Keep sentence
under one year;
Keep loss to victim
under $10,000

Yes, firearms
offense if
conviction under
(C) and firearm
meets federal
definition

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Keep loss to victim
under $10,000;
Keep firearms out
of record of
conviction

25

Offense

CIMT

18.2-204.2(A)
Manufacture, sale, etc.
of fictitious
identification

Yes

18.2-204.2(C)
Possession of fictitious
identification

Yes, if record of
conviction shows
possession with
intent to use

Aggravated
felony
Yes, under (P) if
document is
immigration
document or
passport, sentence
imposed is at least
one year, and not
first-time offense
for purpose of
aiding spouse,
child or parent
Yes, under (P) if
document is
immigration
document or
passport, sentence
imposed is at least
one year, and not
first-time offense
for purpose of
aiding spouse,
child or parent

Crime relating to a
controlled substance

Other immigration
consequences

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep type of
document out of
record of
conviction; Keep
sentence under one
year

Keep type of
document out of
record of
conviction; Keep
sentence under one
year

26

Offense
18.2-206
Procuring animal,
aircraft, vehicle or
boat with intent to
defraud

CIMT
Yes

Aggravated
felony
Yes, under (M) if
loss to victim
exceeds $10,000

CRIMES INVOLVING CONTROLLED SUBSTANCES
18.2-248.1(a)(1); (b)
Probably
Probably not,
Gift or distribution or
under (B) if
possession with intent
record of
to give, distribute less
conviction does
than ½ oz. marijuana
not show
or of small amount as
remuneration
accommodation only
18.2-248.1(a)(2);
Probably
Yes, under (B)
(a)(3); (c)
Sale, gift, distribution,
or possession with
intent to sell, give or
distribute controlled
substance

Crime relating to a
controlled substance

Other immigration
consequences

Alternate pleas
and practice tips
Keep loss to victim
under $10,000;
Keep sentence
under one year
because offense will
probably be charged
as aggravated
felony theft offense

Yes

Keep reference to
remuneration out of
record of conviction

Yes

Plead to 18.2248.1(a)(1) or
accommodation
only section and
keep reference to
remuneration out of
record of conviction

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

27

Offense

CIMT

Crime relating to a
controlled substance
Yes

Yes

Aggravated
felony
Probably not,
under (B) if
previous
conviction not
aggravated felony
and subsequent
conviction record
does not contain
previous record
Yes, under (B)

18.2-248.1(d)
Subsequent offense for
above- mentioned acts

Probably

18.2-248.01
Transporting
controlled substances
into Commonwealth
18.2-248.5
Manufacture, sell,
give, distribute, or
possess with intent to
distribute illegal
stimulants and steroids
18.2-250
Simple possession of a
controlled substance
18.2-250.1
Possession of
marijuana (first
offense)

Yes

Yes, under (B)

Yes

Probably

No

Yes

Yes

No

No, if possession of
30 grams or less of
marijuana

Other immigration
consequences

Alternate pleas
and practice tips
If previous
conviction is not
aggravated felony,
keep records of
previous conviction
out of record of
conviction

Yes

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Plead to 18.2-250.1
for 30 grams or less
of marijuana
Plead to possession
of 30 grams or less
of marijuana or
keep amount of
marijuana out of
record of conviction

28

Offense
18.2-250.1
Second offense for
simple possession

18.2-251.2
Possession or
distribution of
flunitrazepam
18.2-251.4
Defeating drug
screening tests
18.2-251.4
Defeating alcohol
screening tests
18.2-255(A)(i); (A)(ii)
Distribution of certain
drugs to minors or
causing minors to
assist in distribution

CIMT

Crime relating to a
controlled substance
Yes

Probably

Aggravated
felony
Probably not,
under (B) if
conviction record
from first offense
is not part of
record of
conviction
Yes, under (B)

Probably

Probably not

Probably

Probably

Probably not

No

Probably

Yes, under (B)

Yes

Yes

Other immigration
consequences

Alternate pleas
and practice tips
Keep previous
record for simple
possession out of
record of conviction

Yes

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

29

Offense

CIMT

18.2-255(B)(i); (B)(ii)
Distribution of
imitation drugs to
minors or causing
minors to assist in
distribution

Probably

18.2-255.1
Distribution, sale or
advertisement of
paraphernalia to minor
18.2-255.2
Sale of drugs near
certain properties

Probably

18.2-255.2
Sale of imitation drugs
near certain properties

Probably

18.2-258
Keeping drug house

Probably

Probably

Aggravated
felony
Probably, under
(M) if loss to
victim exceeds
$10,000; Probably
not, under (B) if
actual substance is
not controlled
substance
Yes, under (B)

Crime relating to a
controlled substance
Probably

Other immigration
consequences

Alternate pleas
and practice tips
Keep record clean if
imitation drug is
actually a federal
controlled
substance; Keep
loss to victim under
$10,000

Yes, under (B) if
sold near
properties
described in
federal offense
Probably not,
under (B) if actual
substance is not
controlled
substance
Probably, under
(B)

Yes

Keep record clean
of where drugs were
sold

Probably

Keep record clean if
imitation drug is
actually a federal
controlled substance

Probably

Probably

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

30

Offense
18.2-258.1
Obtaining drugs by
fraud, deceit, or
forgery

CIMT
Yes

54.1-3466
Possession of
controlled
paraphernalia
54.1-3466
Distribution of
controlled
paraphernalia

Probably

18.2-265.3(A); (B)
Sale or possession
with intent to sell drug
paraphernalia; Sale of
drug paraphernalia to
minors
18.2-265.3(C)
Distribution of
paraphernalia to
minors

Probably

Probably

Probably

Aggravated
felony
Yes, under (B);
Yes, under (M) if
loss to victim
exceeds $10,000;
Yes, under (R) if
forgery sections
and sentence
imposed is at least
one year
No

Crime relating to a
controlled substance
Yes

Other immigration
consequences

Alternate pleas
and practice tips

No, under (B) if
record of
conviction does
not show
remuneration
Yes

Yes

Keep reference to
remuneration out of
record of conviction

Yes

Plead to 18.2265.3(C) and keep
reference to
remuneration out of
record of conviction

No, under (B) if
record of
conviction does
not show
remuneration

Yes

Keep reference to
remuneration out of
record of conviction

Yes

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

31

Offense

CIMT

Aggravated
felony
Probably, under
(B) and (U)

Crime relating to a
controlled substance
Probably

18.2-265.5
Advertisement of drug
paraphernalia
DRIVING OFFENSES
18.2-51.4
Maiming as a result of
DUI

Probably

Yes

No

Yes, if record of
conviction shows
driving under the
influence of a
controlled substance

18.2-266
Simple DUI

No

No

Yes, if record of
conviction shows
driving under the
influence of a
controlled substance

46.2-341.24
DUI commercial
vehicle

No

No

Yes, if record of
conviction shows
driving under the
influence of a
controlled substance

18.2-268.3
Refusal to take test
when previously
convicted of DUI

No

No

No

Other immigration
consequences

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips

Keep reference to
driving under the
influence of a
controlled substance
out of record of
conviction
Keep reference to
driving under the
influence of a
controlled substance
out of record of
conviction
Keep reference to
driving under the
influence of a
controlled substance
out of record of
conviction

32

Offense

CIMT

18.2-270
Subsequent offense
DUI

No

Aggravated
felony
No

Crime relating to a
controlled substance
Yes, if record of
conviction shows
driving under the
influence of a
controlled substance

18.2-272
Driving after forfeiture
of license

No

No

Yes, if record of
conviction shows
driving under the
influence of a
controlled substance

46.2-300
Driving without
license
18.2-323.1
Drinking while
driving; possession of
open container while
driving
46.2-357(B)(1); (B)(2)
Driving while habitual
offender; Driving
while habitual
offender and driving
endangers life, limb,
or property

No

No

No

No

No

No

No

No

Possibly, if
underlying offense
involved driving
under the influence of
a controlled substance

Other immigration
consequences

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep reference to
driving under the
influence of a
controlled substance
out of record of
conviction
Keep reference to
driving under the
influence of a
controlled substance
out of record of
conviction

Keep reference to
driving under the
influence of a
controlled substance
out of record of
conviction

33

Offense

CIMT

46.2-357(B)(2)
Committing certain
DUI while habitual
offender

Yes

Aggravated
felony
No

Crime relating to a
controlled substance
Yes, if record of
conviction shows
driving under the
influence of a
controlled substance

46.2-852
Reckless driving
46.2-853
Driving vehicle that is
not under control
46.2-894
Failure to report an
accident after property
damage
46.2-894
Failure to report an
accident after bodily
injury
46.2-895
Passenger failure to
report an accident after
property damage
46.2-895
Passenger failure to
report an accident after
bodily injury

No

No

No

No

No

No

No

No

No

Probably

No

No

No

No

No

Possibly

No

No

Other immigration
consequences

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep reference to
driving under the
influence of a
controlled substance
out of record of
conviction

Plead to failure to
report after property
damage

Plead to failure to
report after property
damage

34

Offense

CIMT

Aggravated
Crime relating to a
Other immigration
felony
controlled substance
consequences
CRIMES INVOLVING MORALS AND DECENCY/CRIMES AGAINST PUBLIC ORDER
18.2-346
Yes
Probably under
Yes, inadmissible
Being a prostitute or
(A) if facts show
for engaging in
prostitution
minor was
prostitution within
involved in
10 years of
prostitution
admission
18.2-370
Yes
Yes, under (A)
Yes, child abuse
Indecent liberties
offense
18.2-370.1
Yes
Yes, under (A)
Yes, child abuse
Indecent liberties by
offense
person in custodial or
supervisory
relationship
18.2-371(i)
No
No
Possibly offense
Contributing to the
relating to child
delinquency of a
abuse,
minor by rendering
abandonment, or
child in need of
neglect
supervision

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips

35

Offense
18.2-371(i)
Contributing to the
delinquency of a
minor by rendering
child delinquent

18.2-371(i)
Contributing to the
delinquency of a
minor by rendering
child abused or
neglected by omission
that causes injury
18.2-371(i)
Contributing to the
delinquency of a
minor by rendering
child abused or
neglected by infliction
of injury

CIMT
Probably not,
unless act
committed by
child is CIMT

Yes

Yes

Aggravated
felony
Possibly, under
(F) if delinquent
act by child is
crime of violence
and sentence
imposed is at least
one year;
Probably, under
(A) if delinquent
act by child is
sexual act
No

Yes, under (F) if
inflicts or
threatens to inflict
physical (not
mental) injury and
sentence imposed
is at least one year

Crime relating to a
controlled substance

Other immigration
consequences
Possibly offense
relating to child
abuse,
abandonment, or
neglect

Alternate pleas
and practice tips
Keep reference to
child’s commission
of CIMT or crime
of violence out of
record of conviction

Yes, offense
relating to child
abuse,
abandonment, or
neglect

Plead to 18.2371(i), contributing
by rendering a child
in need of
supervision

Yes, offense
relating to child
abuse,
abandonment, or
neglect

Plead to 18.2371(i), contributing
by rendering a child
in need of
supervision

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

36

Offense

CIMT

18.2-371(i)
Contributing to the
delinquency of a
minor by failing to
provide necessary care
18.2-371(i)
Contributing to the
delinquency of a
minor by abandoning
such child
18.2-371(i)
Contributing to the
delinquency of a
minor by allowing
sexual act to be
committed on child
18.2-371(i)
Contributing to the
delinquency of a
minor by rendering
child abused or
neglected by
unreasonable absence

Probably

Aggravated
felony
No

Probably

No

Yes

Yes, under (A)

Probably not

No

Crime relating to a
controlled substance

Other immigration
consequences
Yes, offense
relating to child
abuse,
abandonment, or
neglect
Yes, offense
relating to child
abuse,
abandonment, or
neglect
Yes, offense
relating to child
abuse,
abandonment, or
neglect

Alternate pleas
and practice tips
Plead to 18.2371(i), contributing
by rendering a child
in need of
supervision
Plead to 18.2371(i), contributing
by rendering a child
in need of
supervision
Plead to 18.2371(i), contributing
by rendering a child
in need of
supervision

Yes, offense
relating to child
abuse,
abandonment, or
neglect

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

37

Offense

CIMT

18.2-371(i)
Contributing to the
delinquency of a
minor by knowingly
leaving the child with
an unrelated person
whom the parent
knows is a convicted
sex offender
18.2-371(i)
Contributing to the
delinquency of a
minor by rendering
child in need of
services
18.2-371(ii)
Engaging in
consensual sexual
intercourse with a
child
18.2-371.1(A)
Abuse or neglect of
children by willful
ommission that causes
injury

Probably not

Aggravated
felony
No

Probably

Crime relating to a
controlled substance

Other immigration
consequences
Possibly offense
relating to child
abuse,
abandonment, or
neglect

Alternate pleas
and practice tips

No

Yes, offense
relating to child
abuse,
abandonment, or
neglect

Plead to 18.2371(i), contributing
by rendering a child
in need of
supervision

Yes

Yes, under (A)

Yes

No

Yes, offense
relating to child
abuse,
abandonment, or
neglect
Yes, offense
relating to child
abuse,
abandonment, or
neglect

Plead to 18.2371(i), contributing
by rendering a child
in need of
supervision
Plead to 18.2371(i), contributing
by rendering a child
in need of
supervision or plead
to 18.2-371.1(B)

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

38

Offense

CIMT

Aggravated
felony
Probably, under
(F) if sentence
imposed is at least
one year

18.2-371.1(A)
Abuse or neglect of
children by willful act
that causes injury

Yes

18.2-371.1(B)
Abuse or neglect of
children by reckless
act that does not cause
injury
18.2-374
Production,
publicatio n, sale,
possession, etc. of
obscene items
18.2-374.1
Production,
publication, sale,
possession with intent
to distribute,
financing, etc. of child
pornography
18.2-374.1:1(A)
Possession of child
pornography

No

No

Probably not

Possibly under (I)
if facts shows
child pornography

Probably

Yes, under (I)

Probably

Yes, under (I)

Crime relating to a
controlled substance

Other immigration
consequences
Yes, offense
relating to child
abuse,
abandonment, or
neglect

Yes, offense
relating to child
abuse,
abandonment, or
neglect

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Plead to 18.2371(i), contributing
by rendering a child
in need of
supervision or plead
to 18.2-371.1(B);
Keep sentence
under one year
Plead to 18.2371(i), contributing
by rendering a child
in need of
supervision

39

Offense
18.2-387
Indecent exposure

18.2-288
Profane swearing and
public intoxication
18.2-405
Rioting

CIMT
Probably

No

Aggravated
felony
Probably, under
(A) if indecent
exposure to a
minor
No

Probably not

Probably, under
(F) if sentence
imposed is at least
one year

18.2-406
Unlawful assembly

Probably not

No

18.2-415
Disorderly conduct

No

No

18.2-416
Abusive language

No

No

Crime relating to a
controlled substance

Other immigration
consequences

Alternate pleas
and practice tips

Yes, firearms
offense if record of
conviction shows
firearm and firearm
meets federal
definition
Yes, firearms
offense if record of
conviction shows
firearm and firearm
meets federal
definition

Keep sentence
under one year;
Keep reference to
firearm out of
record of conviction

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Keep reference to
firearm out of
record of conviction

40

Offense

CIMT

Aggravated
felony
No

Crime relating to a
controlled substance

Other immigration
consequences

18.2-427
Probably not
Use of profane,
threatening or indecent
language over airways
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
18.2-434
Yes
Yes, under (S) if
Perjury
sentence imposed
it at least one
year; Yes, under
(M) if loss to
victim exceeds
$10,000
18.2-438
Yes
Yes, under (S) if
Bribes to officers or
sentence imposed
candidates for office
is at least one year
18.2-460(A)
Probably not
Possibly, under
Obstruction of justice
(S) if offense
without force or
meets federal
threats
definition and
sentence imposed
is at least one year

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips

Keep sentence
under one year;
Keep loss to victim
under $10,000

Keep sentence
under one year
Keep sentence
under one year;
Keep record of
conviction clean of
type of offense

41

Offense

CIMT

18.2-460(B)
Obstruction of justice
through threats or
force

Probably

18.2-460(C)
Obstruction of justice
through threats of
bodily harm or force

Probably

18.2-460(D)
Obstruction of justice
through false
statements

Yes

Aggravated
felony
Probably, under
(F) if sentence
imposed is at least
one year;
Possibly, under
(S) if offense
meets federal
definition and
sentence imposed
is at least one year
Probably, under
(F) if sentence
imposed is at least
one year;
Possibly, under
(S) if offense
meets federal
definition and
sentence imposed
is at least one year
Probably, under
(S) if sentence
imposed is at least
one year; Yes,
under (M) if loss
to victim exceeds
$10,000

Crime relating to a
controlled substance

Other immigration
consequences

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep sentence
under one year;
Keep record of
conviction clean of
type of offense

Keep sentence
under one year;
Keep record of
conviction clean of
type of offense

Keep sentence
under one year;
Keep loss to victim
under $10,000

42

Offense
18.2-478
Escape from jail or
custody by force or
violence without
setting fire to jail

18.2-479
Escape from jail or
custody without force
or violence or fire
18.2-479.1(A)
Resisting lawful arrest
by intentionally
preventing officer
from arresting
18.2-479.1(B)
Resisting lawful arrest
by intentionally
fleeing from officer
18.2-817
Disregarding signal by
law enforcement
officer to stop
4.1-322
Possession/drinking
alcoholic by
interdicted persons

CIMT

Probably

Aggravated
felony
Yes, under (F) if
sentence imposed
is at least one
year; Probably,
under (S) if
sentence imposed
is at least one year
Probably not

Probably not

Probably not

Probably

Probably not

Plead to 18.2479.1(A)

Probably

Probably not

Plead to 18.2479.1(A)

No

No

Yes

Crime relating to a
controlled substance

Other immigration
consequences

“CIMT” is a crime involving moral turpitude.
The letter references in the “aggravated felony” category refer to 8 U.S.C. § 1101(a)(43)(A)-(U).

Alternate pleas
and practice tips
Keep sentence
under one year;
Plead to 18.2-479

43