If you are being charged with Alien smuggling, harboring, or aiding in smuggling or harboring an alien in Goodyear, you could be facing severe consequences. In situations like this, you need a proven Goodyear federal crimes lawyer who is accomplished in federal cases and knowledgeable in immigration law. Alien smuggling and harboring charges are federal crimes, and your case should not be left to chance and without a good lawyer.
At Suzuki Law, we have a team of established attorneys who have previously worked as prosecutors. Founder Richard Suzuki is a former assistant US attorney who handled federal prosecution cases. If you work with our Goodyear alien smuggling and harboring defense lawyer, you know you are getting unique insight and a committed lawyer to handle your case.
Smuggling and Harboring an Alien is a Federal Crime
Federal law prohibits the smuggling or harboring of aliens, but so does Arizona law. This means you may be vulnerable to prosecution at the state and federal level, though this charge is frequently tried in a federal court. Our Goodyear criminal defense lawyer can help.
According to USC 1324, it is unlawful to do the following:
- Knowingly bring an alien into the United States through an area that is not a designated port of entry
- Facilitating a border crossing by an alien
- Concealing or otherwise hiding an alien to avoid detection by officials with the knowledge they are here illegally
- Encouraging or inducing an alien to cross the border
- Knowingly employing ten or more aliens in a 12-month period
- Marrying someone absent of a genuine relationship with the explicit intent to allow them to stay in the country
Being present for a smuggling incident does not necessarily make you guilty under the law. When considering what constitutes alien smuggling under federal law, prior cases set precedents of knowledge that the person is illegally coming to the United States and, to a degree, willful acts.
The Penalties of a Smuggling and Harboring an Alien Conviction
The penalties of smuggling and harboring charges in Goodyear can vary due to the specific facts of the case and the presence of aggravating factors. The 2021 Quick Facts on Alien Smuggling Offenses table reports that more than 84% of offenders were sentenced to prison, and the average sentence was about 15 months. The generally seen guidelines for smuggling charges are:
- Transporting or smuggling – 10 years in prison
- Transporting or harboring- 5 years
- Transporting or harboring for profit – 10 years
- Smuggling with injury or risk of death- 20 years
- Smuggling where the death of another occurs- life sentence
The exact time you are sentenced depends on several things, including how many charges you sustain. For example, if you are being charged with smuggling or harboring a family of four, you could be sentenced to a maximum of 20-40 years of prison time. A skilled alien smuggling and harboring defense lawyer in Goodyear may be able to make arguments that can decrease your sentencing time.
Aggravating Factors
Aggravating factors that may increase the penalties of your charges can include whether or not you are taking profit from the act, if anyone was at significant risk of being injured, or if anyone died. Additionally, more severe penalties may be imposed if the actions included a minor.
Defending a Goodyear Alien Smuggling and Harboring Charge
The laws of the United States entitle you to a strong defense when you are accused of a crime. The accusation alone does not mean you are guilty, and having an experienced Goodyear alien smuggling and harboring defense attorney is vital to presenting a solid defense on your case, regardless of your degree of involvement. There are multiple ways to approach any situation, which is true of defense strategies.
Lack of Knowledge
One of the key points to a smuggling charge is that the person knowingly or with reckless disregard engaged in the behavior. This means the prosecution must be able to provide evidence that you did know or should have known the person was an alien and not legally entering or present in the United States. Presenting a lack of knowledge of the situation is frequently a strong defense in smuggling cases.
Witness Deportation
If the person you are accused of smuggling in has been deported, and they may have testimony that could benefit your case, this may be helpful in your defense. In a precedent set by United States v Valenzuela-Bernal, there may be grounds to argue that you cannot make a proper defense without the witness’s testimony. This strategy may not be appropriate in every case, but you should speak with your alien smuggling and harboring defense attorney in Goodyear if you feel it may be valid.
Conduct
There is a very distinct set of rules by which law enforcement must conduct themselves. These rules attempt to ensure their safety and protect your legal rights. In instances where law enforcement violates those rules, the legality of the collected evidence may be questioned. When this works effectively, it may result in dropped or significantly reduced charges.
Witness Credibility
If witness testimony is a significant part of the prosecution’s strategy, your attorney may elect to investigate and challenge their integrity. They may do this by questioning their motives for testifying or even encouraging the jury to question their judgment in general. This may be done using documentation about previous criminal matters or even seemingly erratic or unpredictable behavior on social media.
Evidence
Sometimes, the most simple defense is the best, and your Goodyear alien smuggling & harboring defense lawyer will choose to argue that there isn’t enough evidence. The burden of proof in a criminal case is ‘beyond a reasonable doubt,’ meaning the prosecution must provide enough support for their argument that you are guilty beyond what a reasonable person might doubt.
With this in mind, your attorney may simply choose to highlight any holes in the prosecution’s argument to allow the jury to question what is being presented, therefore instilling doubt.
Call a Smuggling and Harboring Defense Attorney in Goodyear Today
Facing smuggling and harboring alien charges will likely be one of the most stressful points in your life. You should not leave this to chance and hope it works out. You deserve a dedicated smuggling and harboring defense attorney in Goodyear who is knowledgeable about federal crimes.
Suzuki Law can provide you with a uniquely individualized and comprehensive defense. We handle all our cases with understanding and compassion and value open communication. Call us today for a free case consultation so we can explore your legal options.
Call or text (602) 682-5270 or complete a Free Case Evaluation form