Criminal Defense Lawyers

How Much Prison Time Do You Get for Human Trafficking?

Human trafficking is one of the most serious federal crimes a person can be charged with. At Spodek Law Group, we understand how devastating these charges can be and the severe penalties they carry. If you or a loved one is facing human trafficking charges, it’s critical to understand the potential prison sentences and other consequences you may be facing. Our experienced federal defense attorneys are here to help guide you through this difficult situation and fight for your rights.

Federal Penalties for Human Trafficking

The federal government takes human trafficking extremely seriously, and the penalties reflect that. Under federal law, human trafficking offenses typically carry lengthy mandatory minimum sentences and the possibility of life in prison in aggravated cases.Here’s an overview of the potential prison sentences for common federal human trafficking charges:

• Sex trafficking of adults (18 U.S.C. § 1591): 15 years to life in prison
• Sex trafficking of minors under 14 or by force, fraud or coercion: 15 years to life in prison
• Sex trafficking of minors 14-17: 10 years to life in prison
• Forced labor (18 U.S.C. § 1589): Up to 20 years in prison
• Involuntary servitude (18 U.S.C. § 1584): Up to 20 years in prison
• Unlawful conduct with respect to documents in furtherance of trafficking (18 U.S.C. § 1592): Up to 5 years in prison

As you can see, even the least serious federal trafficking offenses carry the possibility of decades behind bars. And for sex trafficking involving minors or force/coercion, life in prison is a very real possibility.It’s important to note that these are just the baseline penalties. Sentences can be enhanced further based on factors like:

• Use of a dangerous weapon
• Serious bodily injury to the victim
• Death of the victim
• Large number of victims
• Extended period of trafficking
• Defendant’s leadership role

With these enhancements, life sentences become much more likely in aggravated cases.

State-Level Penalties for Human Trafficking

In addition to federal law, most states have their own human trafficking statutes with serious penalties. While state laws vary, many align closely with federal penalties in terms of severity.For example, in New York (where our firm is based), human trafficking is classified as a Class B felony punishable by:

• Up to 25 years in prison for a first offense
• Up to life in prison for a second offense within 10 years

Other states like California and Texas have similarly harsh penalties, with trafficking of minors often carrying 20 years to life.The key takeaway is that whether you’re charged at the state or federal level, human trafficking convictions almost always result in decades-long prison sentences at minimum, with life in prison as a very real possibility in many cases.

Additional Penalties Beyond Prison Time

While lengthy incarceration is the primary penalty for human trafficking, it’s far from the only consequence. Those convicted also face:

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2024-03-21

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2024-03-18

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• Massive fines (up to $250,000 for individuals, $500,000 for organizations)
• Mandatory restitution to victims
• Forfeiture of property used in or derived from trafficking
• Deportation for non-citizens
• Sex offender registration
• Loss of professional licenses
• Difficulty finding employment or housing after release

The collateral consequences of a trafficking conviction can be just as devastating as the prison time in many ways, following you for life even after release.

Factors That Can Increase or Decrease Sentences

When it comes to sentencing for human trafficking, there are a number of factors that judges consider which can either increase or decrease the ultimate prison term imposed:Factors that typically increase sentences:

• Use of violence, threats, or weapons
• Large number of victims
• Trafficking of minors
• Extended duration of trafficking operation
• Defendant’s leadership role
• Defendant’s criminal history
• Victim injury or death

Factors that may decrease sentences:

• Defendant’s minor role in the operation
• Acceptance of responsibility / guilty plea
• Cooperation with law enforcement
• Lack of prior criminal record
• Evidence of coercion/duress on defendant

The specific facts of each case make a huge difference. That’s why it’s so important to have an experienced trafficking defense attorney who can highlight mitigating factors and push for the lowest possible sentence.

How We Can Help Fight Human Trafficking Charges

At Spodek Law Group, we have extensive experience defending clients against federal trafficking charges. We know how devastating these cases can be and how high the stakes are.When you work with our firm, we will:

• Thoroughly investigate the allegations and evidence against you
• Identify any constitutional violations or procedural errors
• Negotiate with prosecutors to reduce charges when possible
• Develop a strong defense strategy tailored to your case
• Fight aggressively to get charges dismissed or win at trial
• Advocate for the lowest possible sentence if conviction occurs

Our goal is always to get charges dropped entirely when possible. But even in cases that result in conviction, our attorneys have a strong track record of securing sentences well below the typical ranges.We recently represented a client charged with sex trafficking of minors, which carried a 15-year mandatory minimum. Through skilled negotiation and presentation of mitigating evidence, we were able to secure a plea deal to a lesser charge with a 7-year sentence – less than half the minimum he was originally facing.Don’t face trafficking charges alone. With decades in prison at stake, you need an experienced federal defense team in your corner. Contact us today at 212-300-5196 for a free consultation on your case. We’re available 24/7 to take your call and start building your defense.

Common Defenses to Human Trafficking Charges

While human trafficking cases are extremely serious, there are a number of potential defenses that an experienced attorney may be able to raise:

Lack of Knowledge/Intent

Prosecutors must prove that the defendant knowingly engaged in trafficking. If you were unaware of the trafficking or lacked criminal intent, that’s a strong defense.

Consent of Alleged Victim

While not always applicable (especially with minors), evidence that the alleged victim willingly participated can sometimes be used to fight charges.

Mistaken Identity

In some cases, defendants are wrongly identified as being involved in trafficking operations they had no part in.

Unlawful Search/Seizure

If evidence was obtained through an illegal search or other constitutional violation, it may be suppressed.

Entrapment

If law enforcement induced you to commit a crime you otherwise wouldn’t have, entrapment may be a valid defense.

Duress/Coercion

Defendants who were forced to participate in trafficking under threat of violence may have a duress defense.

Statute of Limitations

Some trafficking charges may be time-barred if not brought within the statute of limitations.The key is working with an attorney who knows how to investigate the case thoroughly and identify the strongest defenses for your specific situation. At Spodek Law Group, we leave no stone unturned in building the most robust defense possible for our clients.

The Importance of Experienced Legal Representation

Given the incredibly high stakes in human trafficking cases, having a top federal defense attorney is absolutely critical. The prosecution will have virtually unlimited resources at their disposal. You need an equally skilled and aggressive team on your side.At Spodek Law Group, we have:

• Decades of experience in federal criminal defense
• A track record of success in high-stakes trafficking cases
• In-depth knowledge of federal trafficking laws and sentencing guidelines
• Relationships with prosecutors that can help in negotiations
• The resources to thoroughly investigate every aspect of your case
• Trial experience to fight charges in court when necessary

We know how terrifying it is to face decades in prison. Our attorneys will be by your side every step of the way, fighting tirelessly for your freedom and future.Don’t wait to get help. The earlier we can get involved in your case, the more options we’ll have to fight the charges. Call us anytime 24/7 at 212-300-5196 for a free, confidential consultation on your case. Let us put our experience to work for you.

Frequently Asked Questions About Human Trafficking Penalties

Here are answers to some common questions we receive about penalties for human trafficking charges:Q: Is there a mandatory minimum sentence for human trafficking?A: Yes, federal law imposes mandatory minimums for many trafficking offenses. For example, sex trafficking of a minor under 14 carries a 15-year mandatory minimum. State laws vary but many also have mandatory minimums.Q: Can I get probation instead of prison for a trafficking conviction?A: Probation-only sentences are extremely rare in federal trafficking cases due to mandatory minimums and sentencing guidelines. Some state cases may allow for probation, but prison time is the norm for trafficking convictions.Q: Will I have to register as a sex offender if convicted of trafficking?A: In most cases, yes. Federal law requires sex offender registration for trafficking convictions involving minors or commercial sex acts. Many state laws have similar requirements.Q: Can trafficking charges be expunged or sealed later?A: Federal convictions generally cannot be expunged. Some states allow for expungement or sealing of records, but usually not for serious felonies like trafficking. This is why avoiding conviction is so critical.Q: What’s the difference in penalties between labor trafficking and sex trafficking?A: Sex trafficking, especially of minors, typically carries harsher penalties. But both are extremely serious. Labor trafficking can still result in 20+ year sentences in aggravated cases.Q: Do first-time offenders get lighter sentences for trafficking?A: While lack of criminal history is considered, mandatory minimums still apply to first offenders in many trafficking cases. However, being a first-time offender can help in negotiations and sentencing arguments.Have additional questions? Our experienced trafficking defense attorneys are here to help. Call us anytime at 212-300-5196 for a free case evaluation.

Case Study: How We Secured a Reduced Sentence in a Federal Trafficking Case

To illustrate how skilled legal representation can make a huge difference in trafficking cases, consider this recent case we handled:Our client John* was charged with sex trafficking of minors, which carried a 15-year mandatory minimum sentence. The prosecution alleged he had recruited teenage runaways to engage in commercial sex acts.Initially, the outlook seemed bleak. But our defense team got to work:

• We thoroughly investigated the allegations and found significant inconsistencies in witness statements
• We filed motions to suppress key evidence that was obtained through an unlawful search
• We negotiated extensively with prosecutors, highlighting weaknesses in their case
• We gathered substantial mitigating evidence about our client’s background and lack of criminal history

Ultimately, we were able to negotiate a plea deal to a lesser charge of Mann Act violations. This reduced John’s exposure from 15 years minimum to a sentencing range of 5-10 years.At sentencing, we presented a compelling case for leniency based on John’s personal circumstances, remorse, and low risk of re-offending. The judge imposed a sentence of 6 years – less than half of what John originally faced.While still a serious sentence, this outcome allowed John to maintain hope for rebuilding his life after release, rather than spending potentially decades behind bars.This case demonstrates the critical importance of having a skilled defense team that will fight aggressively at every stage of the case. At Spodek Law Group, that’s exactly what we do for each and every client.*Name changed to protect client confidentiality

Contact Spodek Law Group for Help With Your Trafficking Case

If you or a loved one is facing human trafficking charges, time is of the essence. The prosecution is already building their case against you. You need an experienced federal defense team on your side immediately.At Spodek Law Group, we have the knowledge, resources, and trial experience to take on even the most complex trafficking cases. We’ve helped countless clients avoid convictions or secure significantly reduced sentences in high-stakes federal prosecutions.When you work with our firm, you’ll get:

• 24/7 availability – we’re here whenever you need us
• A free initial case evaluation to discuss your options
• Aggressive defense from a team of top federal lawyers
• In-depth knowledge of trafficking laws and defenses
• A track record of success in federal criminal cases
• Personalized attention and consistent communication

Don’t wait to get help. The sooner we can start working on your defense, the better your chances of a positive outcome. Call us now at 212-300-5196 or contact us online to schedule your free, confidential consultation.We know how scary this situation is. But you don’t have to face it alone. Let our experienced trafficking defense attorneys fight for your rights, your freedom, and your future.