Human trafficking involves the kidnapping, sale, transportation of an individual.
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Human Trafficking and Sex Crimes
The abduction and/or sale of others for purposes of:
- marriage,
- illicit relations,
- cohabitation and/or
- custody for immoral purposes are all sex crimes in California.
All of these are felonies in the eyes of the state. Consequently, the state vigorously prosecutes these crimes. If facing one of these offenses, it is crucial that the accused immediately contacts and hires a criminal defense lawyer. Make sure he specializes in California sex crime defense. This is most noteworthy – the attorney must know California sex crime defense. This is in order to secure the most qualified representation. Additionally, its the best tactic to best avoid the severe penalties that result from these charges.
Abduction
Abduction for marriage or defilement (sexual intercourse) takes a few routes to arrive at conviction.
Abductions charges come to those who takes a person unlawfully, against their will, and by force, menace or duress, and
- Compels them to marry, or defiles them or;
- Compels him or her to live with the accused in an illicit relationship, against his or her consent, or to so live with another.
If convicted of these offenses, the accused faces imprisonment in state prison for 16 months or two or three years.
With respect to these charges, it is not necessary to prove force when the accused “takes any woman or takes another.” In fact, if improper solicitations or inducements accomplished the act, this is sufficient. Also unnecessary is a showing where the accused “took” the individual. Whether they went out of the city, county, state or country, it is only pertinent that he or she intended to detain and conceal the individual.
When sentencing these charges, it will be up to the judge to decide whether to concurrently sentence (that is, to allow the accused to serve both sentences at the same time) or consecutively sentence (that is, to require that the defendant serve both sentences back-to-back) any other crimes that were simultaneously committed.
Valuation for Trade of Humans
Receiving money for placing a person for purposes of cohabitation is another possible charge. This charge goes against any individual who receives money or any other valuable thing for, or on account of, placing in custody another for the purpose of causing that person to live with any person to whom he or she is not married.
If convicted of this offense, the accused faces imprisonment in state prison for 16 months or two or three years. Restraint of the alleged victim’s liberty is essential to constitute a crime under this section. The punishment will be the same for the individual who sells any person or receives money or any other valuable thing for or on account of his or her placing in custody, for immoral purposes, another person (regardless of whether that individual consented).
Regardless of which charges you face, only a criminal attorney who really understands human trafficking can help. This complex and specific area of the law truly needs a lawyer equipped to handle these types of offenses.
Hire the Best Defense
The exceptional criminal defense attorneys at The Kavinoky Law Firm have a firm knowledge of the law. They know the complexities involved in human trafficking and California sex crime defense. Therefore, they’re the most qualified to help an individual avoid the devastating consequences. Furthermore, they apply all applicable defenses to the court in a way that effectively casts reasonable doubt.
To speak to a trusted attorney at one of their conveniently located Los Angeles or other California law offices, contact The Kavinoky Law Firm today for a free consultation.
About Darren Kavinoky and The Kavinoky Law Firm.
Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.
