When someone feels they’ve been treated unfairly, one of the first questions that might come up is...
The Immigrant's Criminal Defense Attorney
Crimmigration defense — protecting your rights AND your immigration future
UNDERSTANDING CRIMMIGRATION
Where Criminal Law Meets Immigration
If you're an immigrant facing criminal charges in Denver, you're fighting in two legal systems at once — and most defense firms only practice in one of them. The plea that looks like a win in criminal court can be the moment your life in the United States ends. Defense for non-citizens has to be built around that reality from day one.
At Novo Legal, we call this crimmigration defense. Our criminal defense attorneys work side-by-side with our immigration team — same firm, same case, same strategy. A plea that looks favorable in criminal court can trigger removal, foreclose paths to citizenship, or break a family apart. We evaluate both sides of the consequence before any plea decision, so the choice in front of you is the real one.
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.
WHY YOUR IMMIGRATION STATUS CHANGES EVERYTHING
The same criminal charge can have completely different consequences depending on your immigration status. A U.S. citizen might get probation and move on. An immigrant with the exact same charge could face deportation, detention, or permanent bars from re-entry.
Green Card Holders
You've done everything right. You have your green card, you pay taxes, you've built a life here. But certain criminal convictions — even misdemeanors — can make you deportable, depending on how the conviction is characterized under federal immigration law. Worse, they can make you inadmissible, meaning if you travel outside the U.S., you might not be allowed back in. We fight to protect the status you've earned.
DACA Recipients
DACA has specific criminal eligibility bars — any felony, any "significant misdemeanor" (which includes DUI, domestic violence, firearm offenses, drug distribution, and any misdemeanor with a sentence over 90 days), or three or more other misdemeanors not arising out of the same act. Whether a particular charge affects your DACA eligibility is a fact-specific analysis, and current DACA policy remains subject to ongoing litigation.
Visa Holders
Whether you're on an H-1B, F-1, B-2, or any other visa, a criminal charge can jeopardize your ability to renew, extend, or change your status. It can also affect future green card applications.
Undocumented Immigrants
If you don't have legal status, a criminal conviction can result in mandatory detention and deportation. Under certain statutory procedures — expedited removal (INA § 235(b)), reinstatement (INA § 241(a)(5)), or administrative removal based on an aggravated felony (INA § 238) — a person may be removed without a full hearing before an immigration judge. But you still have rights. You still deserve a defense. And there may be options for relief your criminal attorney doesn't know about. We know them, and we fight for every one of our clients.
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.
Read our full guide: DUI and Immigration Status in Colorado — the immigration-consequences playbook for every non-citizen status.
Drug Charges
Drug offenses are treated very seriously under immigration law. A narrow statutory exception exists to the deportability ground for a single offense involving possession for one's own use of 30 grams or less of marijuana (INA § 237(a)(2)(B)(i)). The inadmissibility analysis under INA § 212(a)(2) is separate and broader; a § 212(h) waiver may be available in limited circumstances for some offenses (including a single offense of simple possession of 30 grams or less of marijuana), subject to statutory bars. Under Mellouli v. Lynch, 575 U.S. 798 (2015), the state statute of conviction must categorically relate to a substance controlled under the federal schedules — a point frequently litigated where state and federal schedules diverge.
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, which are analyzed under separate frameworks. The one-CIMT deportability rule generally 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 out of a single scheme of criminal misconduct (INA § 237(a)(2)(A)(ii)). A narrow "petty offense" exception may apply in inadmissibility cases under INA § 212(a)(2)(A)(ii)(II). Whether a particular Colorado offense qualifies as a CIMT is a categorical-approach question that depends on the specific statute of conviction.
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. The scope of that category narrowed after Sessions v. Dimaya, 138 S. Ct. 1204 (2018), which held the residual clause of 18 U.S.C. § 16(b) unconstitutionally vague as incorporated into the INA. Courts have continued to refine the "use of force" element of § 16(a), and circuits have looked to reasoning from cases like Borden v. United States, 141 S. Ct. 1817 (2021) (an ACCA decision) in evaluating whether reckless conduct can satisfy that element. An aggravated felony conviction generally 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, related advisement duties have been developed in People v. Pozo, 746 P.2d 523 (Colo. 1987), and Kazadi v. People, 291 P.3d 16 (Colo. 2012). Together, these authorities mean that competent criminal-defense representation of non-citizens generally requires counsel who understands both criminal and immigration law — ideally well 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.
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 that 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 under INA § 101(a)(43) that does not track the ordinary meaning of "felony." Some offenses classified as misdemeanors under state law can qualify as aggravated felonies for immigration purposes. A theft offense for which a term of imprisonment of at least one year is imposed (including a suspended sentence) may qualify under § 101(a)(43)(G), though the categorical analysis still controls. Drug-trafficking aggravated-felony classification is also a categorical-approach question; in Moncrieffe v. Holder, 569 U.S. 184 (2013), the Supreme Court held that a state marijuana-distribution conviction is not categorically an aggravated felony where the statute could be violated by distribution of a small amount for no remuneration. Coordinating criminal-defense and immigration analysis early in a case is generally the most effective way to evaluate whether a potential plea triggers an aggravated-felony classification.
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. That can 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
A prior conviction does not always foreclose immigration relief. Colorado law provides several post-conviction mechanisms, including motions under Crim. P. 35(a), 35(b), and 35(c). Under Matter of Pickering, 23 I&N Dec. 621 (BIA 2003), vacated on other grounds, Pickering v. Gonzales, 465 F.3d 263 (6th Cir. 2006), federal immigration authorities generally look to the legal basis for a state-court vacatur: a vacatur premised on a substantive or procedural defect in the underlying proceeding (for example, a Padilla-based ineffective-assistance claim) is typically treated as eliminating the conviction for immigration purposes, while a vacatur granted solely for rehabilitative or immigration-hardship reasons generally is not. Post-conviction analysis of this kind benefits from counsel familiar with 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. A dismissal or acquittal can strengthen it. We coordinate strategy across both systems so neither side surprises the other.
WHY NOVO LEGAL FOR YOUR CRIMMIGRATION DEFENSE
We're not a big corporate firm that handles immigration as a side practice. We're not criminal defense attorneys who will tell you to "just go ask an immigration lawyer." We're a bilingual, community-rooted human rights firm with deep bench experience in both criminal defense and immigration law — because our community needs both.
We fight for our community. Many of our attorneys are immigrants or children of immigrants. We speak Spanish fluently — not as a service, but as the language of our homes.
We understand both systems. Our criminal defense attorneys and immigration attorneys work in the same office, on the same cases. You get a team that coordinates strategy from day one — not two separate lawyers who never talk to each other.
We take the tough cases. Aggravated felony charges. Prior deportation orders. Complicated criminal histories. Clients other firms won't touch. We've built our practice on the hard cases because those are the cases our community faces.
We know what's at stake. Your freedom. Your family. Your future in this country. We carry that weight with you, and we fight like it matters — because it does.
START YOUR DEFENSE TODAY
If you're facing criminal charges and you're worried about your immigration status, the first decisions in a case matter most. Statements to law enforcement, charging negotiations, and plea decisions made early on can have lasting immigration consequences — long before the criminal case is over.
At Novo Legal, we offer consultations for crimmigration matters. In a consultation, we walk through the charges, talk through the possible immigration consequences in general terms, and explain the options on the table. Whether to retain counsel is your decision; outcomes depend on the specific facts and applicable law. We'll tell you what we know, what we don't, and whether we're the right firm for your case — and if we're not, we'll point you to who is.
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