Criminal Defense Attorney for Immigrants in Denver, CO

UNDERSTANDING CRIMMIGRATION

Where Criminal Law Meets Immigration

If you're an immigrant facing criminal charges in Denver, you're dealing with two legal systems at once — and coordinated criminal-and-immigration counsel is not something every defense practice offers. Criminal defense for immigrants in Denver requires a different approach, one that considers not just your case today, but your entire future in the United States.

At Novo Legal, we call this crimmigration defense. Our criminal defense attorneys work side-by-side with our immigration team because we know that a plea deal that sounds good in criminal court can trigger deportation, bar you from citizenship, or separate you from your family. We refuse to let that happen without a fight.

You came here to build a life. Maybe you've been here for decades, raised children who are U.S. citizens, built a business, contributed to your community. One arrest shouldn't erase all of that — but it can, if your attorney doesn't understand immigration law. That's why our approach is different. We see the whole picture, and we fight for outcomes that protect your freedom, your family, and your right to stay in the country you call home.

COMMON CRIMINAL CHARGES & THEIR IMMIGRATION CONSEQUENCES

Not all crimes are treated equally under immigration law. Here's what you need to know about the most common charges we defend:

DUI and Drunk Driving

A first-time DUI is generally not a deportable offense standing alone — though it may still affect bond, discretion, and good-moral-character determinations. But DUI with drugs, multiple DUIs, DUI with injury, or DUI with a child in the car can trigger removal proceedings. Any DUI can affect discretionary decisions in immigration cases like citizenship applications or green card renewals.

Drug Charges

Drug offenses are taken extremely seriously under immigration law. A narrow exception exists to the deportability ground for a single offense of simple possession of 30 grams or less of marijuana for personal use (INA § 237(a)(2)(B)(i)). The inadmissibility analysis is separate, and waivers may be available in limited circumstances under INA § 212(h). Under Mellouli v. Lynch, the state statute of conviction must actually relate to a federally-controlled substance — a point frequently litigated with Colorado's drug statutes.

Domestic Violence

Convictions for crimes of domestic violence, stalking, child abuse, or violation of a protection order are deportable offenses for non-citizens who have been admitted to the U.S. — though whether a particular Colorado statute matches the federal definition is a categorical-approach question that must be analyzed case-by-case.

Theft, Fraud, and Crimes of Moral Turpitude

CIMT convictions can trigger both deportability and inadmissibility grounds. The one-CIMT deportability rule requires both (a) commission within five years after admission AND (b) that a sentence of one year or more could be imposed (INA § 237(a)(2)(A)(i)). Two or more CIMTs at any time can trigger deportability — provided they don't arise from a single scheme (INA § 237(a)(2)(A)(ii)). A narrow "petty offense" exception may apply in inadmissibility cases.

Assault and Violent Crimes

Some assault offenses can be classified as "crimes of violence" aggravated felonies under INA § 101(a)(43)(F) when a sentence of one year or more is imposed — though the scope of that category has narrowed after Sessions v. Dimaya and Borden v. United States. An aggravated felony conviction severely limits available relief, though withholding of removal and CAT protection may remain available in limited circumstances.

HOW OUR CRIMMIGRATION TEAM PROTECTS YOU

Under Padilla v. Kentucky, 559 U.S. 356 (2010), criminal-defense counsel has a Sixth Amendment duty to advise non-citizen clients about the immigration consequences of a plea. In Colorado, that duty has been further developed in People v. Pozo and Kazadi v. People. These decisions are why competent criminal defense for non-citizens requires counsel who understands both criminal and immigration law — not after the fact, but before any plea decision.

Most criminal defense attorneys focus on one thing: the best possible outcome in criminal court. That might mean a plea deal with no jail time — a win by criminal law standards. But for immigrants, that same plea can trigger automatic deportation. It's not enough to win in criminal court. You need to win in both systems.

Crime Involving Moral Turpitude (CIMT) Analysis

We analyze every charge to determine whether it qualifies as a CIMT under immigration law. These determinations often depend on the specific language of the statute, not just the name of the offense. A skilled crimmigration attorney knows how to argue a charge doesn't meet the CIMT definition — or how to negotiate a plea to a non-CIMT offense.

Aggravated Felony Prevention

"Aggravated felony" is a term of art in immigration law and it doesn't mean what you think. Many offenses classified as misdemeanors under state law are aggravated felonies for immigration purposes. A theft conviction with a one-year sentence (even if suspended) becomes an aggravated felony. Drug-trafficking aggravated-felony classification is a categorical-approach analysis, and the Supreme Court (Moncrieffe v. Holder) has held that distributing a small amount of marijuana for no remuneration is not categorically an aggravated felony. We know these traps and we structure our defense to avoid them.

Strategic Plea Negotiation

Sometimes the best outcome in criminal court is the worst outcome for immigration. Our team works together to identify plea options that satisfy prosecutors while avoiding immigration consequences. This might mean pleading to a different offense, adjusting the sentence length, or modifying the language of the plea to avoid triggering removal grounds.

Post-Conviction Relief

If you've already been convicted of a crime that affects your immigration status, it's not necessarily too late. Colorado law provides several avenues for post-conviction relief. The legal basis for any vacatur controls how the conviction is treated under federal immigration law (Matter of Pickering) — which is why post-conviction relief must be handled by counsel who understand both systems.

Coordination with Immigration Proceedings

If you're facing both criminal charges and immigration court proceedings, timing matters. A criminal conviction before your immigration hearing can destroy your case. But a dismissal or acquittal can strengthen it. We coordinate strategy across both systems.