Austin Smuggling of Persons Lawyer

Smuggling of persons is a serious crime in Texas that carries tough penalties, including a long prison term and significant fine. This crime includes actions like moving or concealing people to evade authorities or to assist them in entering or remaining in the country unlawfully. 

Understanding your rights and options is crucial, and our lawyers can provide the guidance you need. Cofer & Connelly, PLLC's Austin attorneys have over 200 years of combined experience and have handled 25,000+ cases and 300+ jury trials in Texas. Don’t wait to seek help; early legal advice can make a significant difference in your case. Get the legal support you need to handle this challenging situation.

If you face smuggling of persons charges in Austin, contact Cofer & Connelly, PLLC by calling (512) 991-0576 or online for a consultation with a criminal defense lawyer.

What Is Smuggling of Persons in Texas?

According to Texas Penal Code Section 20.05, it’s unlawful to knowingly help another person avoid law enforcement or remain in the country illegally. To convict someone of smuggling of persons, the prosecutor must prove certain actions and intents.

First, if you use any kind of vehicle, like a car, boat, or plane, to move someone with the intention of hiding them from the police or helping them flee from arrest, you are committing smuggling of persons. This includes knowing that the person you are helping is a police officer trying to arrest or detain you.

Second, if you encourage or help someone enter or stay in the country illegally, you are smuggling persons. This can involve hiding them, providing them shelter, or otherwise helping them avoid detection by authorities.

Third, if you guide or direct two or more people to enter or stay on agricultural land without the owner’s permission, you are also smuggling persons. This includes leading or assisting them to trespass on this kind of property without consent.

What Are the Penalties for Smuggling of Persons?

The penalties for smuggling of persons in Texas vary based on the specific details of the crime.

If you are convicted of basic smuggling of persons, it is a third-degree felony. This can lead to a prison term of up to 10 years and a fine of up to $10,000.

If the crime is committed in a way that puts the smuggled person at significant risk of serious injury or death, involves a child under 18, is done for financial gain, or if a firearm is involved, it becomes a second-degree felony punishable by 2-20 years in prison and a fine of up to $10,000.

If the smuggled person is sexually assaulted or suffers serious injury or death because of the smuggling, it is a first-degree felony. This is punishable by 10-99 years behind bars and a $10,000 fine.

In some cases, if the prosecutor certifies that you have provided significant help to law enforcement, the minimum prison term can potentially be reduced to five years for a third-degree felony. This cooperation can include testifying against others involved in the crime, providing important information about the case, or helping further the investigation.

If you can prove that the person you smuggled is a close relative, the charge may remain a third-degree felony but with a minimum five-year prison term. This requires showing the court evidence of your relationship.

What Is Continuous Smuggling of Persons?

Continuous smuggling of persons, according to Texas Penal Code Section 20.06, means that over at least 10 days, you engage in smuggling activities more than once.

For you to be convicted of continuous smuggling of persons, a prosecutor must prove that during a span of 10 or more days, you engaged in smuggling activities at least two times. The jury doesn't need to agree on the specific incidents or dates of the smuggling acts, but they must agree that you engaged in smuggling activities more than once over the 10-day period.

If the same person is involved in these smuggling activities, you generally can't be convicted for both continuous smuggling and smuggling under Section 20.05.

Moreover, if all the smuggling acts happened against the same person, you can only be charged with one count of continuous smuggling.

What Are the Penalties for Continuous Smuggling of Persons?

The penalties for continuous smuggling of persons depend on the circumstances of the smuggling acts. The base level offense is considered a second-degree felony with a minimum prison term of 10 years and a fine of up to $10,000. However, there are several conditions that can increase the severity of the penalties.

If the smuggling is carried out in a way that puts the smuggled person at risk of serious injury or death, or if the person smuggled is a child under 18, the crime is elevated to a first-degree felony. This comes with a prison term of 10 years to life as well as a fine of up to $10,000.

The penalties become even harsher if the smuggled person suffers serious injury or death, or if they become a victim of sexual assault or aggravated sexual assault as a direct result of the smuggling. In these cases, the offense is still classified as a first-degree felony, but the prison term can range from 25 years to life.

Kidnapping vs. Smuggling: Key Differences

Kidnapping under Texas Statutes Section 20.03 involves taking someone against their will and restricting their freedom. The abductor may use force, threats, or deception to accomplish this. Kidnapping usually involves hiding the victim or using threats of deadly force to keep them from being found. The intent behind kidnapping can include holding the victim for ransom, using them as a shield, inflicting harm, or achieving other harmful goals. The legal penalties for kidnapping depend on factors such as the use of deadly force or the intent to inflict harm, and it is typically considered a serious felony.

Smuggling, on the other hand, involves transporting people illegally, often across borders. This is done with the intent to hide the individuals from law enforcement or help them enter or stay in a country illegally. Smuggling can involve using vehicles or other means of transport to conceal the individuals or help them evade authorities. Smuggling often includes harboring or directing people to enter or remain on private land without permission. The penalties for smuggling can be severe, especially if it leads to serious harm or death, or involves the smuggling of minors. Smuggling is prosecuted as a felony, with the severity of the penalty depending on the circumstances and outcomes of the offense.