Many offenses become aggravated felonies only because a sentence of a year or more is
imposed. These include crime of violence, theft, receipt of stolen property, burglary, bribery of a witness, commercial bribery, counterfeiting, forgery, trafficking in vehicles that have had their VIN numbers altered, obstruction of justice, perjury, subornation of perjury, and with some exceptions false immigration documents.³¹¹ Often defense counsel has more leeway in avoiding a one-year sentence for a particular count than in pleading to an alternate offense. For suggestions about how to arrive at less than a one-year sentence even in somewhat serious cases, see Chapter Three: Sentencing
Strategies. Many other offenses are aggravated felonies regardless of the sentence imposed. For
example, sexual abuse of a minor, rape, and firearms and drug offenses are examples of
such offenses. Fraud and money laundering offenses depend on whether $10,000 was
lost or involved, not on the sentence imposed in determining whether or not they are
aggravated felonies. Avoiding a one-year sentence in these cases will not prevent an
aggravated felony. See Chapter One, Step Three, for more on Aggravated Assault.

³¹¹ See 8 USC § 1101(a)(43); INA § 101(a)(43).