How to Fight a Criminal Charge If You Are an Undocumented Immigrant in California

You start fighting a criminal charge in California from the very first moment that you encounter law enforcement. In the United States, you have a right to an attorney and the right to stay silent. You do not have any legal obligation to tell law enforcement officers that you are here illegally. Whether you are a legal immigrant or not, you have a right to a fair trial.

As an immigration, a criminal charge is a double whammy. In addition to risking criminal sentencing and jail time, you could also potentially be deported. Under California deportation laws, you can be deported for aggravated felonies, drug crimes, domestic violence offenses, firearm crimes, and crimes of moral turpitude.

While California famously has sanctuary laws, like the California Values Act (SB 54), this doesn’t stop deportations from happening. Instead, SB 54 primarily limits local and state resources from being used for immigration enforcement. ICE continues to operate in the state, and ICE raids have increased since the new administration took over in January 2025.

In response to the administration’s difficulty with picking up immigrants from prisons in sanctuary cities and states, the administration’s border czar has decided on alternative ways to find and deport immigrants. Currently, the proposed alternatives are to increase workplace investigations and pick people up off the streets.

Because of this danger, it’s important to be prepared. Make sure to have the phone numbers of your lawyer and family memorized in case you are taken in. You should print off a “Know Your Rights” card. Then, you can give the card to law enforcement officials so that they are aware you are exercising your constitutional right to remain silent.

If possible, record any confrontations or ask someone nearby to start recording. Remain calm, and avoid answering any questions. As soon as you are able to, call your attorney.

What Is the Difference Between a Criminal Lawyer and an Immigration Lawyer?

When dealing with deportation after felony convictions, there will likely be some crossover between criminal and immigration law. In recent years, the term crimmigration developed to describe the overlap between the two fields.

For immigrants, these types of law are closely connected. If you are convicted of a felony, you can be deported by ICE. Because of this, your criminal defense lawyer is essentially supporting your immigration case when they help you fight criminal charges. Before you can worry about your legal status, you first have to win against the state’s criminal charges.

What Happens if an Undocumented Immigrant Commits a Felony?

If you are undocumented and commit a felony, you will likely be deported under federal and California deportation laws. This is especially true if the felony is considered aggravated or involves violence.

Because of this, you should take your criminal defense seriously. Your odds of remaining in the country increase if you can win your case or get the felony dropped to a misdemeanor. In some cases, such as treatment-mandated felonies under Proposition 39, you may be able to avoid the felony charges altogether by completing a drug treatment program.

Learn How to Fight Criminal Charges and Prevent Deportation

As an immigrant, a felony conviction can significantly impact your ability to remain in the United States. Because of this, it is incredibly important to learn how to fight a criminal charge in California. With the help of a skilled criminal defense attorney, you can discover what it will take to win your case.

For more information about felony convictions and deportations, reach out to our skilled immigration attorneys today.