Resident Alien Avoids Deportation Based on Conviction for Domestic Violence

Deportation Based on Conviction for Domestic Violence

The federal immigration law provides that any alien is subject to deportation based on a conviction for domestic violence, i.e. if the alien has a conviction of “a crime of domestic violence.” The term “crime of domestic violence” means any crime of violence committed by a current or former spouse, a person who shares a child in common, or a cohabitant. The term “crime of violence” is defined broadly, and includes “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” Conviction also is broadly defined and includes a “formal judgment of guilt” even “if adjudication of guilt has been withheld.”

Criminal Lawyer Obtains Dismissal of Domestic Violence Charges against Woman

Many domestic violence arrests occur when spouses have an argument, some pushing or hitting occurs, police are called, and there is some evidence of injury, no matter how minor. For people who are not United States citizens, a conviction for domestic violence has catastrophic consequences because they will be subject to deportation.

Such was the case recently when a 41 year old computer scientist was arrested after a domestic dispute with her husband. The husband threw an object at his wife, striking her. When she understandably became upset, the husband physically restrained her. During the incident, the husband received small scratches and called police. Since the husband had evidence of minor injuries, the wife was arrested and charged with Second Degree Assault.

The wife retained Jonathan Scott Smith of the Smith Criminal Defense Firm. Mr. Smith, a Howard County criminal defense lawyer and former prosecutor with over 30 years of courtroom experience, understood the serious consequences of a conviction for domestic violence, including deportation. Mr. Smith handles domestic violence cases, and he undertook an aggressive defense. The case was heard in the District Court for Baltimore City. Fortunately, the prosecutor recognized that the husband was the one who initially committed an assault and dismissed the case. The wife avoided deportation based on conviction for domestic violence.

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in domestic violence, domestic assault, and other criminal cases — has earned him the recognition of the legal community, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense attorneys in Howard County.

Contact Us

If you are a resident alien facing a criminal charge, including domestic violence, you need an experienced and aggressive criminal defense attorney and former prosecutor to fight for you. Call Mr. Smith now at 410-740-0101 or contact us online.


  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101