South Texas is a major corridor for international migration, and as such, authorities often grapple with the complexities of human smuggling across the southern border.
Being arrested and charged with human smuggling or transporting someone into the state can feel overwhelming and leave you wondering what your rights are now.
Fortunately, the U.S. Constitution and Texas law afford you certain rights when charged with a crime, including human smuggling.
While there is a stigma with this type of charge, our attorneys are aware that social media is being used to target people with no criminal history into these types of scenarios.
This article clarifies your rights, explores potential penalties, outlines possible defenses, and explains why our South Texas criminal defense attorneys can be your secret weapon and biggest source of comfort when facing human smuggling charges in Texas.
If you have questions about human smuggling in South Texas, please contact Austin Hagee Law Firm right away.
Your Rights When Charged with Human Smuggling in Texas
Human smuggling is a serious offense, and getting charged with this crime is an equally serious matter. However, even when charged with such a crime, you have fundamental rights that protect you.
- The right to remain silent. The Fifth Amendment shields you against compulsory self-incrimination by declaring that you have a right to remain silent and are under no obligation to answer potentially incriminating questions. We strongly recommend that, upon arrest or detention, you remain silent and request an attorney immediately. While you may wish to proffer evidence after being arrested, it is better to have your attorney negotiate the terms of your debrief to secure the best outcome from your proffer.
- The right to an attorney. You deserve strong legal representation from the very beginning. An attorney can guide you through the complicated legal system, protect your rights, and advocate for the best possible outcome.
- The right to a fair and speedy trial. Your attorney can ensure that the court follows all legal procedures, doesn’t drag its feet, and swiftly resolves your case. A seasoned lawyer can work to negotiate for a dismissal, a good plea deal, or timely take your case to trial should that become necessary.
It’s essential to exercise these rights immediately. Don’t speak with law enforcement or debrief without an attorney present.
Contact one of our defense attorneys today for aggressive and experienced legal representation if you’ve been charged with human smuggling.
What Is Human Smuggling?
Human smuggling involves the illegal transportation of individuals across borders for financial gain. This involves using deceitful methods such as hidden vehicle compartments or falsified documents.
Human smuggling exploits vulnerabilities, putting individuals at risk of dangerous conditions in transportation and potential exploitation.
Texas Human Smuggling Law
Texas takes human smuggling seriously. The Texas Penal Code Section 20.05 defines human smuggling as:
- Transporting or harboring a person within the state;
- Encouraging or inducing someone to enter or remain in the state illegally; or
- Using a vehicle, such as a car, boat, or plane, to conceal or transport someone to evade detection by law enforcement.
All of these actions must be intentional to constitute a crime. At this point, you might wonder if there is a difference between human smuggling and human trafficking. They are similar, but not the same.
Human Smuggling Vs. Human Trafficking
Human smuggling and human trafficking are two separate crimes with distinct motives and methods. Human smuggling involves the illegal transportation of individuals for profit, usually with consent.
Human trafficking involves the exploitation and control of individuals for various purposes, such as forced labor or sex work, without consent in most cases.
What Is the Penalty for Human Smuggling in Texas?
Human smuggling charges are felonies in Texas, with varying severity levels and penalties depending on the circumstances.
The Texas legislature recently updated the minimum penalty ranges for offenses committed after February 4, 2024, to a minimum of 10 years confinement as broken down in Texas Penal Code Section 20.05 (b). Here’s a breakdown:
- Third-degree felony. This is the base charge for human smuggling. It carries a minimum prison sentence of 10 years and a fine of up to $10,000.
- Second-degree felony. If the crime involved a minor or placed someone in danger of serious bodily injury, the charge escalates to a second-degree felony. Penalties can reach 20 years in prison with a hefty fine.
- First-degree felony. This is the most severe charge level and only applies when smuggling results in death or the smuggled person becomes sexually assaulted as a direct result of the actions of the smuggler. This offense carries a sentence of 10-99 years in prison or life imprisonment and the potential for a large fine.
The severity of the charges depends on multiple factors. Did you receive financial gain for smuggling? If so, that profit motive increases the severity of the offense.
Were any of the individuals being transported under the age of 18? If so, the level of the charges can increase. Did anyone suffer serious bodily injury or death during the smuggling attempt? If so, the level of the charges can escalate significantly.
The specific sentence you receive within these potential ranges will depend on the details of your case and the defense that you bring.
First-Time Offense for Human Smuggling? Here’s What You Need to Know
Facing a human smuggling charge, especially for the first time, can be incredibly stressful. Senate Bill 4 significantly increased the minimum sentence for smuggling persons to 10 years.
This highlights the seriousness with which Texas views the offense. But there might still be hope. Our skilled attorneys can carefully analyze your situation and explore effective defense strategies. We can help you push for a dismissal, deferred adjudication, or probation.
Defenses Against Human Smuggling Charges
Let’s look at some defenses your attorney can use to defend you against these serious charges.
- Lack of knowledge. You may have unknowingly transported someone who entered the country illegally. If you were unaware that the individuals you transported were undocumented, this could be a viable defense.
- Duress. If you were coerced or threatened into smuggling people under a threat of violence, this could be grounds for a defense.
- Entrapment. If you show no previous disposition to commit a crime but the police manipulate you into doing so, you might have an entrapment defense. Entrapment can be challenging to prove, but it can be highly effective under the right circumstances if you have a seasoned lawyer.
- Mistake of fact. Unintentional mistakes might be considered, such as accidentally transporting someone who crossed the border illegally without your knowledge.
A thorough investigation by your attorney is crucial to determine the most appropriate defense strategy. The strength of these defenses will be dependent on what you knew at the time of your arrest and the information that was collected by law enforcement.
Why Choose Austin Hagee Law Firm for Your South Texas Human Smuggling Case?
Dealing with human smuggling charges in South Texas can be extremely stressful. You need an attorney who understands the complexities of these cases and the unique challenges of the South Texas legal landscape. Here’s how we make a difference:
- A proven track record of success. We have extensive experience handling human smuggling cases throughout South Texas, and we understand how local courts, prosecutors, and police function. This localized expertise is crucial to achieving the best possible outcome for your case. These cases are highly contentious, and the difference between an unskilled attorney and a skilled attorney can often be measured in years in your sentence.
- Aggressive defense strategies. Our dedicated team will analyze your case and build a strong defense strategy tailored to your particular circumstances.
- Negotiation skills that matter. Our attorneys will work tirelessly to negotiate with prosecutors, aiming for a reduction in charges or penalties.
- Personalized approach, client-focused results. Your case is unique, and so is our approach. We prioritize commitment and clear communication, keeping you informed throughout the entire legal process.
Don’t compromise on the quality of your legal representation. Contact us today for a free consultation to discuss your case and explore your legal options.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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