18 U.S.C. 16 supplies a federal “crime of violence” definition used by other laws. It does not itself create a standalone offense or one universal prison sentence. The consequences depend on the statute incorporating the definition. [1]
The surviving elements clause
Section 16(a) concerns an offense with the use, attempted use, or threatened use of physical force against another person or property as an element. Courts often compare the offense’s required elements rather than simply asking whether the underlying incident sounded violent.
In Sessions v. Dimaya, the Supreme Court held section 16(b)’s residual clause unconstitutionally vague in the immigration context before it. A court should not treat that clause as an uncomplicated current basis for removal. [2]
Why the underlying conviction matters
Obtain the precise statute, subsection, charging instrument, plea record, and judgment. A label such as assault or burglary does not answer the categorical-analysis question. Divisible statutes can require examination of a limited set of conviction documents.
Immigration aggravated-felony rules, firearm laws, and sentencing provisions can use different definitions and additional requirements. A conclusion under one definition should not be carried into another without checking its text and controlling precedent.
Example: an offense label is not the elements
Two states may both call an offense “assault” while requiring different mental states or different kinds of force. One conviction therefore cannot be classified from the title alone. The analysis asks what the applicable statute requires and how controlling courts interpret it. Where a statute lists alternative elements, limited conviction documents may identify which alternative formed the conviction.
The sentence can create a separate question under a law incorporating section 16. For immigration aggravated-felony analysis, the required imprisonment term and the statutory definition must both be considered. A suspended sentence can require careful review rather than a simple count of days actually spent in jail.
A criminal plea lawyer and immigration lawyer should coordinate before the plea when consequences may be significant. Later state relief does not invariably eliminate the federal immigration classification. Keep certified charging and disposition records, since reconstructing the conviction years later from a background-check summary can be difficult and legally insufficient.
A different force definition appears in section 924(c). A conviction’s immigration effect also matters during a green card holder’s reentry.
Primary sources
Sources checked: October 31, 2026.