Shoplifting Charges for Non-Citizens: Potential Immigration Consequences in Miami

If you are not a U.S. citizen and have been charged with shoplifting in Miami, you may be worried about how a conviction could impact your immigration status. As experienced criminal defense attorneys in Miami, we understand the unique challenges and concerns non-citizens face when dealing with criminal charges. In this post, we’ll explain the potential immigration consequences of a shoplifting conviction and how our firm can help protect your rights and future in the United States.

Understanding Shoplifting Charges in Florida

Shoplifting involves knowingly taking or using store merchandise with the intent to deprive the merchant of its property or a benefit from it, either temporarily or permanently. Under Florida law, the charge generally depends on the merchandise’s value, although prior theft convictions and other circumstances can increase its severity.

Petit Theft: Ordinary retail theft involving merchandise worth less than $750 is generally petit theft. For a first offense, merchandise worth less than $100 generally leads to a second-degree misdemeanor; merchandise worth $100 to less than $750 generally leads to a first-degree misdemeanor.

Grand Theft: Stealing merchandise worth $750 or more generally constitutes grand theft, a felony. The felony degree depends on the value and other statutory factors.

Immigration Consequences of a Shoplifting Conviction

For non-citizens, a shoplifting conviction can lead to serious immigration consequences, including:

Deportation

A shoplifting conviction can put a non-U.S. citizen at risk of deportation, but the result depends on the offense’s legal elements, immigration history, and criminal record. Whether an offense qualifies as a crime involving moral turpitude (CIMT) requires a review of the statute and controlling law. Under 8 U.S.C. § 1227(a)(2)(A), a single CIMT conviction generally triggers this deportation ground when the offense was committed within five years after admission and carried a possible sentence of at least one year. Two CIMT convictions after admission can trigger a separate ground if they did not arise from a single scheme of criminal misconduct.

A qualifying theft conviction can also count as an aggravated felony if the court imposes a prison or jail term of at least one year, even if that term is suspended. The state’s misdemeanor or felony label does not settle the federal immigration question.

Inadmissibility

A shoplifting conviction that qualifies as a crime involving moral turpitude can affect eligibility for a visa, admission to the United States, or adjustment of status to obtain a green card. However, the petty-offense exception may apply if you committed only one CIMT, the maximum possible jail sentence was no more than one year, and any jail sentence imposed was no more than six months. The sentence imposed matters, even if you served less time. This exception concerns CIMT inadmissibility; it does not eliminate separate grounds of deportability.

Ineligibility for Immigration Benefits

A shoplifting conviction can affect applications for citizenship, asylum, or Temporary Protected Status (TPS), but each benefit has its own rules. Citizenship requires a review of good moral character. Asylum has bars for certain crimes, including aggravated felonies. TPS bars include a conviction for a felony or two misdemeanors committed in the United States, as well as certain inadmissibility grounds. A single misdemeanor shoplifting conviction does not automatically bar every immigration benefit.

Defending Against Shoplifting Charges as a Non-Citizen

If you are facing shoplifting charges, your lawyer should assess the immigration risks before you accept a plea or enter a diversion program. Our approach to criminal defense for non-U.S. citizens accounts for both the criminal case and its possible effect on your immigration status. We help by:

  1. Thoroughly investigating the charges and evidence against you
  2. Identifying weaknesses in the prosecution’s case and building a strong defense strategy
  3. Negotiating with prosecutors to seek a dismissal, reduction of charges, or alternative disposition that minimizes immigration consequences
  4. Advising you on the potential immigration impact of any plea deal or conviction
  5. Collaborating with immigration attorneys to ensure a coordinated approach to your case

Before accepting a plea, understand that a withhold of adjudication can still count as a conviction under federal immigration law. A guilty or no-contest plea, finding of guilt, or admission of sufficient facts, combined with court-ordered punishment or restraint, can meet the federal definition even when the Florida court withholds adjudication.

Contact Our Miami Criminal Defense Firm for Help

If you are a non-citizen facing shoplifting charges in Florida, don’t face this challenge alone. The experienced criminal defense lawyers at our Miami firm are here to help you navigate the complex intersection of criminal law and immigration. We understand what’s at stake and will fight aggressively to protect your rights, freedom, and future in the United States.

Don’t let a shoplifting charge jeopardize your immigration status. Contact our firm today for a confidential consultation, and let us put our expertise to work for you. Together, we can build a strong defense and work towards the best possible outcome in your case.

CALL US NOW for a CONFIDENTIAL INITIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

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