Criminal Defense Attorneys for Immigrants in Okaloosa & Walton Counties
How a Criminal Conviction Can Impact Your Immigration Status
Criminal charges can have major impacts on your immigration status in Florida and the United States. Even if you are here legally on a green card or visa, a criminal conviction would subject you to deportation proceedings. Being sent to jail or prison would greatly increase your chances of being held for deportation by the U.S. Immigration and Customs Enforcement agency (“ICE”).
If you are arrested or given a criminal notice to appear in court, how your case is handled from start to finish could mean the difference between deportation and staying in the country. Finding ways to avoid formal conviction, securing outcomes that avoid jail or prison, and looking for options that could even lead to the criminal charges being dismissed become even more important for non-U.S. citizens. Often, defending against criminal charges is also a fight to keep you and your family together.
From Misdemeanors to Felonies: Comprehensive Criminal Defense for All Immigrants
Felony charges are some of the most serious charges in Florida. They can range from Drug Possession and Drug Trafficking, to Felony DUI, Grand Theft, Fraud, Aggravated Battery or Assault, Sexual Battery (“Rape”), Child Abuse, Sexual Molestation and Lewd and Lascivious Behavior, Manslaughter, and Murder. These charges could bring sentences from 5 years in prison, to 15 years, to 30 years, to mandatory Life in prison or even the Death penalty.
While seemingly not as serious as felony charges, even misdemeanor charges in Florida could still result in you being jailed for up to 1 year, depending on the specific criminal charge. Driving Under the Influence (“DUI”), Driving While License Suspended/Canceled/Revoked, Driving without a Valid Driver License (“No Valid DL”), Domestic Violence, Battery, Assault, Trespass, Petit Theft, and Reckless Driving can all result in jail time. Many charges also have mandatory jail time, or mandatory jail time if this is not your first time receiving such a charge. Having an experienced lawyer working with you can be the difference between altering or defeating the charge instead of finding yourself with lengthy jail or prison time and certain immigration and deportation consequences.
New Criminal Laws in Florida impacting Undocumented Immigrants
Florida passed new laws in February of 2025, increasing penalties for criminal charges if a person is in Florida and the United States illegally. An undocumented immigrant (or “unauthorized alien” or “illegal alien”) will now face having their charges increased. For example, if you are accused of first-degree petit theft (a misdemeanor, maximum of 1 year in jail), but you do not have a legal immigration status, your charge may now be elevated to felony theft (maximum of 5 years in prison). If you are charged with Possession of a Controlled Substance, a third-degree felony (maximum of 5 years prison) because you are accused of having cocaine, methamphetamine, heroin, fentanyl, MDMA, LSD, or prescription-only pills and you are also in the country illegally, your charge can be elevated to a second-degree felony (maximum of 15 years prison). Some of the most serious first-degree felony crimes which may carry a mandatory life sentence in prison if convicted, now will carry a mandatory death penalty if the accused is in Florida and the United States illegally.
Additionally, Florida has created a new misdemeanor charge for Knowingly Entering or Attempting to Enter the State after Entering the United States Illegally. This new charge carries a 9-month mandatory jail sentence. A second offense is a felony and carries a 1-year mandatory prison sentence. A third offense carries a mandatory 2-year prison sentence. If you have certain prior criminal convictions on your record, the mandatory prison sentences could be increased further.
Florida has also changed the law regarding posting a bond for new criminal charges. If a person is determined to be in Florida and the U.S. illegally, the new laws say a Court shall presume the person is a flight risk, and they should not be given bond and instead held in custody. You would still have a right to a court appearance to challenge this and fight for your release on bond, and having a legal team to assist in getting you this hearing could be extremely important.
Don’t Face This Alone: Secure Your Future with Skilled Legal Guidance
Not all lawyers are the same when it comes to defending criminal charges. If you or a family member or a friend are charged with a crime in Okaloosa or Walton counties, you need a local criminal defense lawyer team who know the local rules, local prosecutors, and local judges. A lawyer from Miami or Orlando who does not live here will not be familiar with how things are done in Okaloosa and Walton courts, and their inexperience can hurt you. Having experienced local attorneys can make sure you are able to get the best possible outcome for your case.
Your Trusted Legal Partner: Lupella & Rehr – Defending Immigrant Rights
The criminal defense firm of Lupella & Rehr can provide you the best defense available. We are a local attorney team based in Okaloosa and Walton counties. Call 850-362-6655 or contact us online to schedule a free consult and begin your defense.