Human Smuggling

San Marcos Human Smuggling Defense

Honest & Integrous Defense Counsel  

Human smuggling, a crime that involves the transportation or harboring of individuals across borders without legal authorization, carries with it severe penalties and a host of intricate legal challenges. The implications can be daunting, and the path to resolution is rarely straightforward.

The Law Offices of David C. Hardaway is ready to stand by your side, offering steadfast representation and a deep commitment to your defense. We recognize that those facing allegations of human smuggling are often caught in a crisis they never anticipated.  

Our lawyers approach each case with understanding and empathy, mindful of the stress and confusion you may be experiencing. We believe in empowering our clients with knowledge and arming them with the tools they need to make informed decisions about their defense strategy.

Our legal team is comprised of highly qualified professionals who hold numerous accolades, certifications, and affiliations within the legal community. Each member brings a unique perspective and skill set, contributing to our firm's collective strength and ability to tackle diverse legal challenges.

Contact our firm online or via phone at (512) 846-9966 to schedule an initial consultation. Se habla español.

Texas Penal Code Section 20.05 | Smuggling of Persons  

Many people wrongly equate human smuggling with human trafficking. In Texas, human smuggling simply refers to the act of intentionally using any means to transport an individual with the intent to circumvent immigration laws or gain economic benefit. The law doesn't exclusively apply to cross-border activities but extends to any form of unlawful transportation within the state's boundaries. 

Texas Penal Code Section 20.05 provides a detailed explanation of what constitutes the smuggling of persons. Specifically, it is considered smuggling of persons if a person:

  • Transports an individual with the intention to profit from the person's unlawful presence in the United States or evade immigration checks.
  • Encourages a person to enter or remain in the country unlawfully for economic gain.
  • Assists, guides, or directs two or more individuals to enter or remain on agricultural land without the consent of the owner or person in lawful control of the land.

Penalties of Conviction for Smuggling of a Person

Human smuggling is typically considered a third-degree felony, which is punishable by a fine of no more than $10,000 and imprisonment for ten years. However, a person can face second-degree felony charges if:  

  • The accused acted in a way that risked the smuggled party being seriously injured or killed.  
  • The smuggled individual is a minor.  
  • The accused or another party involved had a firearm during the commission of the crime.

The charges can also be enhanced to a felony of the first degree if:  

  • The smuggled party became a victim of sexual assault or aggravated sexual assault because of the smuggling.  
  • The smuggled party is seriously injured or died during the commission of the crime.  

In Texas, a first-degree felony is punishable by five to 99 years of imprisonment and a fine of up to $10,000. A conviction for a second-degree felony carries the same fine and a prison sentence up to 20 years.  

Get Counsel from Our San Marcos Human Smuggling Defense Attorneys

At The Law Offices of David C. Hardaway, we believe that no two cases—or clients—are alike. Should you or a loved one face smuggling of persons charges, you can count on our team to take the time to understand every facet of your case, allowing us to build a robust and effective defense strategy. We pride ourselves on crafting individualized strategies that are intricately tailored to meet each client's unique needs and circumstances.

Communication is a cornerstone of our practice. We strive to keep our clients informed at every stage of the legal process, providing clear, timely updates and explanations. This commitment to transparency helps alleviate the stress and uncertainty that can accompany legal proceedings.

In our pursuit of optimal outcomes for our clients, we utilize innovative tools, techniques, and technologies. These resources enhance our ability to gather evidence, research case law, and present compelling arguments in court.

If you or a loved one is facing charges related to human smuggling, the stakes are high. You can trust in the proven acumen and compassionate approach of The Law Offices of David C. Hardaway. Don't face this daunting journey alone.

Call (512) 846-9966 or reach out online to discuss your case with our San Marco defense attorney.