The Deportation Risk of an Alabama Hit-and-Run Conviction

For non-citizens residing in Alabama, a conviction for any criminal offense—even one seemingly minor like a traffic violation—can be an immediate threat to their immigration status. When that conviction involves a serious offense like hit-and-run, the risk of deportation or removal proceedings becomes acute. Understanding the intersection of Alabama state sentencing and federal immigration law is vital for anyone not holding U.S. citizenship.

The severity of an Alabama hit-and-run charge can trigger two primary grounds for removal: a conviction for a Crime Involving Moral Turpitude (CIMT) or a conviction for an Aggravated Felony (AF). The difference between a misdemeanor and a felony in state court may be the deciding factor in whether a person faces mandatory detention and permanent ineligibility for relief.

Alabama Hit-and-Run: State Sentencing and Severity

In Alabama, the crime of leaving the scene of an accident is governed by Ala. Code § 32-10-1, and the penalties are directly tied to the severity of the accident. The state’s classification determines the maximum potential sentence, which is the key factor federal immigration authorities analyze.

Alabama Hit-and-Run Penalties

Offense Type	State Classification	Maximum Penalty
Property damage only (no injury/death)	Class A Misdemeanor	Up to 1 year in jail and/or fine up to $6,000
Accident resulting in injury or death	Class C Felony	1 year and 1 day up to 10 years in prison and/or fine up to $15,000

The crucial difference for immigration purposes lies in the potential jail sentence. When a crime is punishable by one year or more, it immediately falls into a high-risk category for deportation or inadmissibility.

The Immigration Grounds for Removal: CIMT vs. Aggravated Felony

The two most common grounds for a non-citizen’s removal (deportation) following a criminal conviction are a Crime Involving Moral Turpitude (CIMT) or an Aggravated Felony (AF). The classification of the Alabama hit-and-run charge under federal law is what determines the immigration outcome.

1. Crime Involving Moral Turpitude (CIMT)

A CIMT is broadly defined as an offense that is “inherently base, vile, or depraved”. While many jurisdictions do not consider a simple failure-to-stop for property damage to be a CIMT, the Alabama Class C felony, which requires injury or death, significantly increases the risk.

• Grounds for Inadmissibility: A single CIMT conviction can render a non-citizen inadmissible to the U.S..
• Grounds for Deportability: Deportation can be triggered by either two or more CIMT convictions after admission, or a single CIMT committed within five years of admission that carries a maximum potential sentence of one year or more. Since an Alabama Class A Misdemeanor (property damage only) carries a maximum sentence of up to one year, and the Class C Felony carries up to 10 years, a conviction for either crime makes the one-year-or-more maximum sentence threshold a major concern.

2. Aggravated Felony (AF)

A conviction for an Aggravated Felony is the most severe ground for removal. An AF conviction results in mandatory detention and bars the individual from virtually all forms of discretionary relief, including non-LPR Cancellation of Removal. Furthermore, an individual deported as an Aggravated Felon is permanently barred from re-entry into the United States.

Summary: Key Takeaways for Non-Citizens

Any non-citizen facing an Alabama hit-and-run charge must be aware that the collateral consequences far outweigh the state penalties. The outcome of the criminal case directly impacts an individual’s ability to remain in the U.S. legally, renew a visa, or apply for citizenship.

1. Felony Charges (Injury/Death) pose an extreme risk, as a Class C Felony conviction can be classified as a Crime of Violence, leading to an Aggravated Felony finding, mandatory detention, and a permanent bar from re-entry.
2. Misdemeanor Charges (Property Damage) still carry significant risk, as the maximum potential sentence of up to one year meets the statutory definition for deportability under the single CIMT rule (if classified as a CIMT).
3. A criminal disposition resulting in a fine, probation, or suspended sentence is still considered a conviction for federal immigration purposes, and thus the risk is not eliminated even if incarceration is avoided.
4. Individuals with existing issues, such as unlawful presence or prior deportations, face an even greater risk of removal, as immigration enforcement may target minor offenses as grounds for deportation.

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Frequently Asked Questions (FAQ)

Q: Can I be deported for a simple misdemeanor hit-and-run?

A: Yes. While less likely than a felony, a misdemeanor conviction can still lead to deportation if it is classified as a Crime Involving Moral Turpitude (CIMT) and meets the statutory sentence requirements for inadmissibility or deportability. Furthermore, non-citizens with no legal status can be targeted for removal for even minor traffic violations.

Q: What is the significance of a one-year sentence in immigration court?

A: The one-year sentence maximum is a critical threshold. A single CIMT committed within five years of admission that carries a maximum potential sentence of one year or more is a ground for deportability. Moreover, an actual sentence of one year or more for a Crime of Violence (like a serious hit-and-run) results in an Aggravated Felony finding, which is a near-automatic bar to relief.

Q: I received a suspended sentence and probation. Is that safe?

A: No. For immigration purposes, a conviction is established when there is a finding of guilt (plea or trial) and the judge imposes some form of punishment or restriction on liberty, such as probation or a fine. A suspended sentence or probation does not prevent the conviction from triggering immigration consequences.

Q: Does a hit-and-run conviction affect my path to U.S. citizenship (Naturalization)?

A: Yes. A conviction for a CIMT or two or more offenses with an aggregate sentence of five years or more can bar a finding of Good Moral Character (GMC), which is required for naturalization for a specific period of time (typically five years). An Aggravated Felony conviction can permanently bar naturalization.

Q: What is the main difference between deportability and inadmissibility?

A: Deportability applies to non-citizens who have already been legally admitted to the U.S. (like Lawful Permanent Residents) but commit a crime that allows the government to initiate removal. Inadmissibility applies to non-citizens seeking entry or re-entry, or those seeking to adjust their status (e.g., applying for a green card). A criminal conviction can trigger either or both.

Disclaimer and Final Note

This post provides educational information and should not be considered legal advice. The immigration consequences of any criminal conviction are highly fact-dependent, relying on the specific language of the Alabama statute and the federal immigration definition of a crime. Non-citizens facing criminal charges in Alabama must seek immediate counsel from a qualified Legal Expert to analyze their unique situation.

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