Aggravated Felonies

 

There is a relatively finite list of offenses that have been examined to determine whether they qualify as aggravated felony crimes of violence.  Most of the cases concern an offense that falls within one or more of the following categories:

 

·        Arson/Property destruction

·        Assault/Battery

·        Burglary/Trespass

·        Child abuse/Endangerment

·        DUI/DWI

·        Evading an officer/Escape

·        False Imprisonment

·        Joyriding/Auto theft/Burglary

·        Kidnapping

·        Manslaughter

·        Possession of a deadly weapon

·        Rape

·        Robbery

·        Sex offenses involving children

·        Shooting at a dwelling/Drive by shooting

·        Stalking

·        Threats

 

Whether any of these offenses qualifies as an aggravated felony crime of violence depends upon the elements of the statute of conviction,[196] and whether the offense of conviction meets the all the requirements of 18 U.S.C. § 16(a)[197] or 16(b).[198]  Specific cases on each of these offenses may be found organized by category and circuit in Appendix A, infra, and by crime in Appendix B, infra.

 

            A few of these offenses bear special mention here:

 

[196] See Chapter 4, supra.

[197] See § § 5.17-5.22, supra.

[198] See § § 5.23-5.31, supra.