According to the American Friends Service Committee-Arizona, “Collateral consequences” are legal punishments and other restrictions imposed on people because of their criminal convictions that are in addition to any term of incarceration, fines, fees or supervision imposed by the courts as punishment for the crimes. As Gabriel Chin wrote in “The New Civil Death: Rethinking Punishment in the Era of Mass Conviction”: “As a practical matter, every criminal sentence contains the following unwritten term: The law regards you as having a “shattered character.” Therefore, in addition to any incarceration or fine, you are subject to legal restrictions and limitations on your civil rights, conduct, employment, residence, and relationships. For the rest of your life, the United States and any State or locality where you travel or reside may impose, at any time, additional restrictions and limitations they deem warranted. Their power to do so is limited only by their reasonable discretion. They may also require you to pay the expense of these restrictions and limitations.” Even a misdemeanor conviction for domestic violence can have the following collateral consequences:
- Federal prohibited possessor of a firearm;
- Loss of employment and career opportunities;
- loss of child custody;
- loss of immigration status;
- future felony prosecution; and
- Potential civil liability to victim’s landlord if victim breaks lease according to A.R.S. § 33-1318(A).
The following article Collateral Consequences of Domestic Violence Convictions is available on http://www.criminal-duiattorney.com/blog/