The Dual Threat: Alabama Hit-and-Run Charges and Your Immigration Status

For non-U.S. citizens, a criminal charge is never just about state jail time or fines; it presents a severe, life-altering threat to one’s immigration status. An Alabama charge for leaving the scene of an accident, commonly known as “hit-and-run,” carries substantial state penalties, but the collateral damage under federal immigration law can be far more devastating, potentially leading to inadmissibility or deportation.

If you are facing an Alabama hit and run arraignment, the proceedings on your criminal case trigger a parallel system of scrutiny under U.S. immigration law. Understanding the critical difference between a misdemeanor and a felony in this context is essential for protecting your future in the United States.

The State Charge: Misdemeanor vs. Felony in Alabama (Ala. Code § 32-10-1)

Alabama law mandates that any driver involved in an accident resulting in injury, death, or property damage must stop immediately, remain at the scene, and fulfill certain duties, such as exchanging information and rendering reasonable aid. Failure to do so constitutes a criminal offense.

The Crucial Arraignment: Why Your Plea Matters for Immigration

The arraignment is the first court appearance where you are formally informed of the charges and enter a plea (guilty, not guilty, or nolo contendere). For a non-citizen, this is arguably the most consequential step in the entire process. A conviction, which includes a plea of guilty or nolo contendere, is what triggers the immigration consequences of criminal conviction.

Immigration Consequences: The Dual Deportation Triggers

A conviction for a hit-and-run offense in Alabama can threaten your status—including permanent residency (green card)—by falling into one of two primary categories of deportable offenses under the Immigration and Nationality Act (INA):

1. Crime Involving Moral Turpitude (CIMT)

A CIMT is generally defined as an act that is “inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general”. For non-citizens, a single CIMT committed within five years of admission or two or more CIMTs at any time can lead to deportability.

2. Aggravated Felony

This is the most severe immigration consequence. A conviction classified as an “aggravated felony” makes a non-citizen mandatorily deportable and often ineligible for most forms of immigration relief. While the term sounds like it requires extreme violence, the INA’s definition is very broad and includes many crimes that are only misdemeanors under state law, or felonies with sentences of at least one year.

If the hit-and-run charge in Alabama is prosecuted as a Class C felony (resulting in injury or death), which carries a potential sentence of up to 10 years, it significantly increases the risk of being classified as an aggravated felony if the elements of the crime align with a federal definition, such as a crime of violence for which the term of imprisonment imposed is one year or more. Even if the judge imposes less than one year, if the potential sentence is one year or more, it can still trigger certain aggravated felony definitions. For non-citizens, a criminal defense strategy must focus on a disposition that avoids a sentence of one year or more, even if the charge is reduced to a misdemeanor.

Summary: Immediate Steps for Non-Citizen Drivers

Protecting Your Immigration Status

1. Do Not Plead Guilty: Never enter a plea at your arraignment without first speaking to a legal expert who specializes in both Alabama criminal defense and immigration law.
2. Identify the Charge Severity: Immediately determine if the charge is a misdemeanor (Class A) or a felony (Class C), as this dictates the maximum potential sentence and the likelihood of triggering an “aggravated felony” classification.
3. Structure the Disposition: A successful legal defense strategy for a non-citizen driver focuses not just on avoiding a conviction but, failing that, securing a disposition that avoids the statutory language or sentence length (one year or more) that triggers mandatory deportation.
4. Challenge CIMT Classification: A sophisticated defense will analyze the Alabama statute against federal CIMT case law to argue that the underlying state offense does not meet the federal definition of moral turpitude.

Frequently Asked Questions (FAQ)

Q1: Is every Alabama hit-and-run conviction an automatic deportation trigger?

A: No, not automatically. Misdemeanor hit-and-run (property damage only) may not be classified as a CIMT or an aggravated felony, especially if the court imposes a short sentence. However, a Class C Felony conviction for leaving the scene of an accident involving injury or death presents a very high risk of being categorized as an aggravated felony or a serious CIMT, which typically results in mandatory deportation proceedings.

Q2: What happens at the arraignment regarding my immigration status?

A: At the arraignment, you are expected to enter a plea. If you plead guilty, the conviction is finalized. This conviction record is what U.S. Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) use to determine inadmissibility or deportability. The arraignment is the absolute last point before a plea where a defense can protect your immigration future.

Q3: How does a felony hit-and-run become an “Aggravated Felony” in immigration court?

A: The INA’s definition of “aggravated felony” includes “a crime of violence” for which the term of imprisonment imposed is one year or more. An Alabama Class C felony for a hit-and-run involving injury can easily be interpreted as a crime of violence under certain circumstances, particularly because the potential sentence exceeds one year. The actual sentence imposed is critical—a sentence of 365 days or more will almost certainly trigger this consequence.

Q4: Should I hire a single legal expert for both the criminal and immigration case?

A: It is highly recommended to hire a Legal Expert who is either experienced in both criminal and immigration law, or a criminal defense legal expert who works directly and routinely with an Immigration Legal Expert. The strategy in the criminal case must be guided by the goals of federal immigration law to avoid the most severe consequences.

Q5: What is the risk for a permanent resident (green card holder)?

A: A lawful permanent resident convicted of a qualifying CIMT or an aggravated felony is subject to mandatory removal proceedings (deportation). Unlike other non-citizens, LPRs can sometimes be eligible for certain forms of relief, but a conviction for an aggravated felony often bars all possible relief, making deportation almost certain. The stakes for a permanent resident are extremely high, as they risk losing their established life in the U.S.