Categories: CriminalDUI

Navigating Alabama Hit-and-Run Charges: Immigration Risks

Meta Description: A conviction for Hit-and-Run (Leaving the Scene of an Accident) in Alabama can lead to severe immigration consequences, including deportation. Learn how Class C felony charges, the Grand Jury process, and classification as a Crime Involving Moral Turpitude (CIMT) or Aggravated Felony (AF) impact non-citizens.

Understanding Alabama Hit-and-Run Charges and the Grand Jury’s Role

For any non-citizen in Alabama, facing criminal charges for a traffic violation like Hit-and-Run, formally known as Leaving the Scene of an Accident (Ala. Code § 32-10-1), carries dual consequences: the criminal penalties under state law and the life-altering penalties under federal immigration law. The potential for a felony charge—especially after a Grand Jury indictment—is where the most significant immigration risks begin.

Alabama Hit-and-Run Penalties

The severity of the criminal charge in Alabama hinges entirely on the outcome of the accident:

Property Damage Only (Misdemeanor): If the crash involves only damage to a vehicle or other property, it is generally classified as a Class A misdemeanor. Penalties can include up to one year in jail and a fine up to $6,000.
Injury or Death (Felony): If the accident causes injury or results in a fatality, the charge escalates to a Class C felony. This carries a much harsher punishment, including imprisonment for one year and one day up to ten years, and a fine of up to $15,000.

The Grand Jury and the Escalation of Risk

In Alabama, most felony charges must be brought through an indictment by a Grand Jury. The Grand Jury is a body of citizens that reviews the evidence presented by the prosecutor (District Attorney) to determine if there is sufficient probable cause to charge a person with a crime.

For a non-citizen, the Grand Jury’s decision to indict on a felony Hit-and-Run charge (Class C Felony) is a critical inflection point. At this stage, the potential maximum sentence is over one year, which immediately triggers the most serious grounds for inadmissibility and deportability under the Immigration and Nationality Act (INA).

💡 Legal Expert Tip:

If you are a non-citizen facing any felony charge, your primary legal goal must be to avoid a conviction (including any plea deal) that carries a sentence of one year or more, regardless of the actual time served. This is a common threshold for triggering severe immigration consequences.

Core Immigration Consequences: CIMT and Aggravated Felony

The immigration consequences of an Alabama Hit-and-Run conviction do not depend on the state’s criminal classification (misdemeanor vs. felony) but on the federal immigration definition of the crime. The two main categories that cause severe harm are a Crime Involving Moral Turpitude (CIMT) and an Aggravated Felony (AF).

1. Crime Involving Moral Turpitude (CIMT)

A CIMT is broadly defined as an act that is “inherently depraved and contrary to the accepted rules of morality”. While a simple failure to exchange information may not be a CIMT, courts and the Board of Immigration Appeals (BIA) have held that failing to stop and render aid after being involved in an accident is a type of base behavior that reflects moral turpitude. This “indifference to the duties owed to persons or to society” makes the crime deportable.

Consequences of a CIMT conviction:

Inadmissibility: Even a single CIMT conviction can render a non-citizen inadmissible (unable to get a Green Card or re-enter the U.S.) if the crime was committed within five years of admission and the potential sentence was one year or more.
Deportability: Being convicted of two CIMTs at any time, or a single CIMT with a potential sentence of over one year, can lead to deportation.

2. Aggravated Felony (AF)

This is the most devastating consequence. A conviction for an Aggravated Felony leads to mandatory detention in immigration custody and almost always results in permanent deportation, with few available forms of relief.

A felony Hit-and-Run in Alabama (one involving injury or death) presents a significant risk of being classified as an Aggravated Felony, possibly under the category of a “Crime of Violence” or “Obstruction of Justice”. Even though some legal analyses argue a Hit-and-Run lacks the element of “intentional use of force” to be a Crime of Violence AF, the classification is highly fact-dependent and complex. If the accident involved a DUI, the risk of an AF classification, especially when injury is present, is elevated.

⚠️ Caution: Mandatory Detention Risk

If the conviction is classified as an Aggravated Felony, the non-citizen is subject to mandatory detention by ICE, meaning they cannot be released on bond while their removal proceedings are pending. In Alabama, the risk of apprehension is heightened by recent laws requiring law enforcement to contact ICE if they stop someone without proof of legal status.

The Impact on Good Moral Character (GMC) and Naturalization

Beyond deportation, a Hit-and-Run conviction can destroy your ability to become a U.S. citizen. To naturalize, an applicant must demonstrate Good Moral Character (GMC) for the statutory period (usually five years) preceding the application.

A conviction for a CIMT or an Aggravated Felony, including a Hit-and-Run offense, may prevent a finding of GMC. Furthermore, even if the crime is a less serious misdemeanor, USCIS has discretion to deny the application if they view the conviction as an indication of poor moral character. A conviction may also bar an individual from taking the citizenship exam for up to five years after the case is officially closed.

Case Focus: How the Statute is Interpreted

The interpretation of the underlying Alabama Hit-and-Run statute (Ala. Code § 32-10-1) by the immigration court is key. The court uses the “categorical approach,” which looks at the minimal criminal conduct necessary for a conviction under the state law. If the statute’s full range of conduct includes acts that are not considered CIMTs or AFs, a skilled defense may be able to argue that the conviction should not be classified as such for immigration purposes. Conversely, if the record of conviction (ROC)—such as the charging document or plea agreement—specifically references the failure to stop and render aid to an injured person, the risk of a CIMT finding is extremely high.

Summary: Essential Takeaways for Non-Citizens

Severity is Determined by Injury: An Alabama Hit-and-Run involving injury or death is a Class C felony, triggering the jurisdiction of the Grand Jury and carrying a potential sentence of over one year, which is a near-automatic trigger for severe immigration consequences like Deportation or Inadmissibility.
CIMT vs. AF: Hit-and-Run is a high-risk offense for both a Crime Involving Moral Turpitude (CIMT) classification (especially for failure to render aid) and a potential Aggravated Felony (AF) classification if serious injury is involved. AF leads to mandatory detention and permanent bars to relief.
Impact on Naturalization: Any conviction can negatively affect the “Good Moral Character” requirement for U.S. citizenship for five years or more, regardless of the severity of the state charge.
Need for Dual Representation: Any non-citizen facing a criminal charge must hire a Legal Expert who understands not only Alabama criminal procedure but also the intersection of criminal law and immigration law (often referred to as “crimmigration”) to protect their status.

Post-Indictment Legal Strategy

Once a Grand Jury issues an indictment for a felony Hit-and-Run, the primary defense strategy for a non-citizen shifts to minimizing the immigration impact. This involves working with the prosecutor to negotiate a plea to an “immigration-safe” charge or disposition, such as one that: a) does not qualify as a CIMT or AF under the categorical approach; and b) does not carry a possible sentence of one year or more. A comprehensive defense team is essential to navigating this treacherous intersection of state and federal law.

Frequently Asked Questions (FAQ)

Does a misdemeanor Hit-and-Run (Property Damage Only) lead to deportation?

Generally, a simple misdemeanor conviction for property damage is less likely to result in deportation than a felony. However, if the conviction involves the element of failure to stop and render aid, it could still be classified as a Crime Involving Moral Turpitude (CIMT), especially if it is the second CIMT offense or if the potential sentence is one year or more. It can also negatively impact any future applications for immigration benefits like a Green Card or citizenship.

What is the difference between inadmissibility and deportability?

Deportability applies to non-citizens who have already been admitted to the U.S. (e.g., Green Card holders) and can be removed due to a conviction. Inadmissibility applies to non-citizens seeking entry, or those trying to adjust their status to a Lawful Permanent Resident (LPR). Many criminal convictions, including Hit-and-Run, can make a person both deportable and inadmissible.

If my case is dismissed, will I still face immigration issues?

A full dismissal or acquittal of the criminal charge significantly lowers the immigration risk. However, an arrest alone can still lead to immigration consequences, such as being detained and placed into removal proceedings, especially under strict state enforcement measures like those recently enacted in Alabama. It is crucial to disclose all arrests to immigration authorities truthfully.

Will a Hit-and-Run conviction prevent me from applying for DACA?

While a single, non-serious misdemeanor conviction may not automatically bar a DACA application, a felony conviction (such as an injury-related Hit-and-Run) or any crime DHS deems a threat to public safety will lead to a denial of DACA status. All convictions are reviewed, and a Hit-and-Run is a serious crime.

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Disclaimer on AI-Generated Content

This blog post was generated by an Artificial Intelligence and is provided for informational and educational purposes only. It is not a substitute for the advice of a qualified Legal Expert. The intersection of Alabama criminal law and federal immigration law (crimmigration) is complex and constantly evolving. Do not act or refrain from acting based on the content of this post without consulting an experienced professional.

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