What is an aggravated felony, and why does it matter?

This page explains aggravated felonies. It is general information, not legal advice. For other kinds of crimes, see How a criminal record can affect your immigration status.

What is an aggravated felony?

It is a label from federal immigration law. Congress made a list of crimes and called them all "aggravated felonies." The label has nothing to do with whether California calls the crime a felony.

That is why it catches people by surprise. A California misdemeanor can be an aggravated felony. A crime with no violence can be one too.

Why would a misdemeanor count as an aggravated felony?

Because for some crimes, the list looks at the sentence, not the label.

A theft offense or a crime of violence becomes an aggravated felony when the sentence is at least one year. That counts even if the judge suspended the whole year and you never spent a day in jail.

So a shoplifting case with a suspended one year sentence can be an aggravated felony. A sentence of 364 days, on the same crime, is not, under this part of the list. One day can decide your future. Read Why the length of a sentence matters.

Example (fictional): Ana and Luis each have a green card. Each pleads to the same petty theft. Ana's judge gives her 365 days, all suspended, and probation. Luis's lawyer, who knew he was not a citizen, asks for 364 days suspended. Neither spends a night in jail. Ana now has an aggravated felony under federal law. Luis does not, under the theft part of the list. Luis still has a theft conviction with other immigration risks, so he still needs advice.

What crimes are on the list?

The list is long. Some groups count no matter the sentence. Others count only with a sentence of a year or more. Common examples from the federal list, 8 U.S.C. 1101(a)(43) (we read it on October 21, 2026):

Count no matter the sentence

• Murder, rape, and sexual abuse of a minor
• Drug trafficking, which can include some sales of small amounts
• Trafficking in firearms

Count with a sentence of one year or more

• Theft, including receiving stolen property, and burglary
• A crime of violence
• Forgery, counterfeiting and commercial bribery
• Obstruction of justice, perjury, or bribing a witness

Count with other conditions

• Failing to appear in court on a felony charge that carries 2 years or more
• Some passport and document fraud, with a sentence of 12 months or more
• Smuggling people, except a first offense to help only your own spouse, child or parent

Count by dollar amount

• Fraud or deceit where the loss to the victim is more than $10,000

The list also covers attempts and conspiracies to commit these crimes. It applies to state and federal convictions, and to convictions entered before, on or after September 30, 1996.

How do courts decide if my crime is on the list?

They compare the exact California law you were convicted under with the federal definition. This is called the categorical approach. The Supreme Court explained in Moncrieffe v. Holder (2013) that it looks at what the conviction necessarily proves, not at what you actually did. If the California law covers more conduct than the federal definition, it may not match.

That is why court decisions keep changing the picture:

• Simple DUI is not a crime of violence, the Supreme Court said in 2004 (Leocal v. Ashcroft). So it is not an aggravated felony on that basis.
• Assault with a deadly weapon (Penal Code 245(a)(1)): in United States v. Gomez (January 13, 2026), the full Ninth Circuit held it is not a crime of violence, because it does not require intentional force against another person. The Supreme Court declined to review it on May 18, 2026. Gomez was a federal sentencing case, not an immigration case.
• Corporal injury to a spouse (Penal Code 273.5): in United States v. Lopez (July 28, 2026), the Ninth Circuit held it is not a crime of violence, and overruled older cases. Lopez said the same test applies to the federal definition used in immigration law (18 U.S.C. 16(a)). See Can a domestic violence charge lead to deportation?
• Battery with serious injury (Penal Code 243(d)): older rulings treated it as a crime of violence. Lopez describes it as needing the same intent as 273.5. Ask your lawyer whether the older rulings still hold.

These rulings may help in immigration court, but no immigration ruling we read applies them yet. A lawyer has to argue them for your case.

Because the rules move, your lawyer needs the exact code section and the exact sentence.

Why does it matter so much?

An aggravated felony closes almost every door.

• Deportation. A green card holder or other admitted person convicted of an aggravated felony is deportable.
• No cancellation of removal for green card holders. The main defense for long time green card holders in immigration court is not available.
• No voluntary departure. You cannot ask to leave on your own instead of being ordered deported.
• Fast track removal for some people. People without green cards can be removed with an aggravated felony through a faster process that skips a regular immigration court hearing.
• No citizenship, ever. An aggravated felony conviction on or after November 29, 1990 is a permanent bar to the good moral character needed for citizenship.
• A lifetime bar on return. Someone removed after an aggravated felony conviction can be barred from coming back at any time, not just for 10 or 20 years.
• No work permit from a pending asylum case. Federal rules leave out people with aggravated felony convictions.
• No asylum. An aggravated felony counts as a "particularly serious crime," which bars asylum.
• Detention without bond. For a person deportable for an aggravated felony, the law says ICE must detain them, with very narrow exceptions.

We know this is a lot to take in. It is also exactly why getting advice before a plea matters so much.

How do I avoid an aggravated felony?

If you have an open case, this is the moment to act. California law says your defense lawyer must give you accurate advice about immigration effects and try to defend against them, if you want that. Prosecutors must also consider avoiding immigration harm in plea talks.

Ask your lawyer about:

• 364 days or less on every theft, burglary or violence count, including suspended time
• A different code section that is not theft, a crime of violence or drug trafficking
• For fraud cases, a loss amount of $10,000 or less in the plea record, when that is truthful. Your lawyer decides how the record should read.
• For drug cases, possession instead of sale, when the facts allow

You do not have to tell the judge your immigration status when you plead. Tell your own lawyer everything. See Before you take a plea deal.

I already have one. Is there any way out?

Sometimes. Do not give up before you talk with a lawyer.

• Vacate the conviction under Penal Code 1473.7 if there was a legal mistake, such as no one explaining the immigration effects of your plea. A conviction thrown out for a legal defect no longer counts for immigration. See Cancel an old conviction under 1473.7.
• Check whether it still counts. A newer court ruling may mean your crime is no longer an aggravated felony. Ask whether your case can be reopened.
• Check the sentence. If the one year sentence is the only problem, ask whether it can be changed for a legal reason. A change made just to help with immigration may not count. See Why the length of a sentence matters.
• A pardon. A full and unconditional pardon from the Governor or the President waives deportation for an aggravated felony. See Can a governor pardon help?
• Protection from torture. Even with an aggravated felony, a person who shows they would more likely than not be tortured can still get deferral of removal under the Convention Against Torture. It is hard to win and it does not give a green card, but it can stop removal to that country. A lawyer can check.

An expungement does not remove the conviction for immigration. It is still worth doing for jobs and housing.

What should I do first?

1. Get your record and the court papers for every case. See How to get a copy of your criminal record.
2. Write down each code section, the date, and the full sentence, including suspended time.
3. Do not travel abroad or apply for anything with USCIS until a lawyer reviews your record.
4. See an immigration lawyer or a clinic that handles both criminal and immigration cases.

Your story is not over. People in hard spots find paths every day, and the first step is getting the right advice.

Questions people ask

Does "felony" in California mean aggravated felony? No. Many California felonies are not aggravated felonies, and some misdemeanors are.

I was convicted long ago. Does the list still apply? Usually, yes. The law says the definition applies whether the conviction was entered before, on or after September 30, 1996. For citizenship, the permanent bar applies to convictions on or after November 29, 1990. Ask a lawyer about your dates.

I have DACA. Does this matter? Yes. Any felony blocks DACA, and some misdemeanors do too. See Keep DACA if you have been arrested.

Who can help?

These are free or low cost public offices and nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your public defender: if you have an open case and cannot afford a lawyer, the court appoints one at no cost. Ask them to check immigration effects.
• Community Legal Services in East Palo Alto (CLSEPA): record clearance and immigration help, including deportation defense, for low income residents of San Mateo and Santa Clara counties. 650-326-6440. clsepa.org/services
• State funded immigration legal help anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• More options: Free or low cost immigration legal help in the Bay Area and Can I get a free lawyer for immigration court?

Is there a checklist I can print?