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Solutions in Domestic Violence Cases. Immigration lawyers must learn the rules so they can argue in immigration court that a given conviction is not an aggravated felony, and so avoid the aggravated felony immigration consequences. These arguments are given in Safe Havens Â§Â§ 7.147-7.157 (2005).
Whether a domestic violence offense is charged as a misdemeanor or a felony might or might not have an impact on the defense strategy. Many prosecutors charge crimes as felonies because it gives them leverage. They expect the accused to accept a misdemeanor conviction rather than risking a felony conviction.