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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107997
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I know a guy charged with Felony Harassment of a Police

Customer Question

I know a guy charged with Felony Harassment of a Police Officer in Texas. The DA has offered to let him take a time served for a Class B misdemeanor Attempted Terroristic Threat. Regular Terrostic Threat is a Class A. So the class B is better because they made it Attempt. He is a permanent resident with no other arrests. Not sure if he should take it or try the case.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

The misdemeanor offer may or may not be to a crime involving moral turpitude and in order for him to get a one time pass on an inadmissibility charge to appear before an immigration judge to defend against removal it depends on the maximum sentence he could possibly receive for the Class B misdemeanor. It the possible max sentence is more than one year or he has served more than 6 months are relevant. Also, what needs to be taken into consideration is if there is any probation involved.

It seems this is not an aggravated felony under immigration law.

http://www.nationalimmigrationproject.org/legalresources/cd_so_Chart%20-%20Texas%20Offenses%20-%202006.pdf

All this does not mean the plea will keep him out of the woods.

How much time has he served and is there any probation involved with the plea?

Judith

Customer: replied 1 year ago.
Thanks. I know no one can guarantee him anything. He only served a couple days in jail before he made bail. The deal is just time served so he walks out the door without probation or anything. All he will have is a conviction for a Class B misdemeanor. Basically the facts are he threatened to kill the cop because he was drunk.
Expert:  Judith Ludwic replied 1 year ago.

Because the statute does not require an "evil intent" as an element of the crime it is arguably not an aggravated felony under immigration law. Set aside that it is a misdemeanor under criminal law. Immigration law has a different standard.

All the references state it is arguably NOT a CMIT and since the max sentence does not appear to be more than 180 days it would not meet the threshold for a removable offense.

This is absolutely a matter that he would want a immigration lawyer in TX to look at the charging documents and what he has to admit to when the DA reads those in court when he does the plea and have that TX licensed attorney advise on this.

I can only give you the general information that it is arguably not a CMIT and based on the maximum sentence and time served he is at low risk. No attorney can advise him whether to take a deal or not. Also, this website offers an option to get second expert to give their view. Customer Service can help you with this

http://ww2.justanswer.com/help

It is definitely a matter that you would want as many attorneys as possible to weigh in on.

Please remember this is not legal advice and I am providing general information only. For legal advice you should see a local lawyer for a face to face consultation as this matter could have monumental consequences to this friend. See this link http://aandzlegal.com/legal-articles/immigration-law-articles/deportation-consequences-of-texas-crimes/

Judith

Expert:  Judith Ludwic replied 1 year ago.

I am going to opt out and allow another expert to weigh in on this because it is a very grey area of the law.

Judith

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I am a new expert. What additional questions do you have in this regard?

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