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Navigating Alaska’s Sentencing Guidelines for Human Trafficking Charges
If you or a loved one are facing human trafficking charges in Alaska, you‘re probably feeling overwhelmed and scared about what comes next. Human trafficking is a serious federal crime that carries harsh penalties upon conviction. But don’t panic – the experienced criminal defense attorneys at Spodek Law Group are here to help. We’ll break down Alaska’s sentencing guidelines for human trafficking offenses and explain your legal options every step of the way.
Contents
Understanding Human Trafficking Charges
First, let‘s clarify what exactly constitutes human trafficking under federal law. Human trafficking, also known as trafficking in persons (TIP), involves using force, fraud or coercion to make someone engage in commercial sex acts or labor against their will.There are two main types of human trafficking:
- Sex trafficking – When someone is forced or coerced into prostitution or other sexual services. This is considered an especially egregious offense, particularly when it involves minors.
- Labor trafficking – When someone is forced to work through violence, threats, lies or other forms of coercion. Examples include domestic servitude, agricultural labor, sweatshop factory work, and more.
Human trafficking frequently involves transporting victims across state or international borders, which is why these cases are typically prosecuted at the federal level under statutes like the Trafficking Victims Protection Act (TVPA).3
Alaska’s Sentencing Guidelines
In Alaska, human trafficking convictions carry severe criminal penalties under both state and federal law. Here‘s an overview of the sentencing guidelines:
Federal Penalties
- Sex trafficking of adults by force, fraud or coercion – Minimum 15 years in federal prison1
- Sex trafficking of minors under 14 – Minimum 15 years and up to life in prison1
- Sex trafficking of minors aged 14-17 – Minimum 10 years and up to life in prison1
- Labor trafficking – Up to 20 years in prison for each offense3
Convicted offenders may also face hefty fines up to $1.5 million.1 In addition, the court can order the defendant to pay restitution to trafficking victims.3
State Penalties
Alaska’s state laws also impose strict penalties for human trafficking and related offenses:
- Sex trafficking in the first degree (AS 11.66.110) – Class A felony, punishable by up to 30 years in prison
- Sex trafficking in the second degree (AS 11.66.120) – Class B felony, up to 10 years in prison
- Labor trafficking in the first degree (AS 11.41.360) – Class A felony, up to 30 years
- Labor trafficking in the second degree (AS 11.41.365) – Class B felony, up to 10 years
Sentences can be enhanced for aggravating factors like:
- Trafficking multiple victims
- Causing injury to the victim
- Prior human trafficking convictions
Defending Against Human Trafficking Charges
“Yikes, human trafficking charges are no joke. But don’t lose hope – you still have legal options and defenses available,” says attorney Todd Spodek, managing partner at Spodek Law Group.Some potential defenses against human trafficking charges include:
- Lack of evidence – The prosecution bears the burden of proving guilt beyond a reasonable doubt. Your attorney can challenge weak or insufficient evidence of force, fraud or coercion.
- Entrapment – Arguing that you were induced by law enforcement to commit a crime you otherwise wouldn’t have.
- Duress – Showing you only participated in trafficking because you were under threat of violence or harm yourself.
- Mistake of age – In cases involving minor victims, defendants sometimes argue they were unaware of the victim’s true age. However, mistake of age is not a valid defense under federal law.1
“Every case is unique, so it’s crucial to have an experienced trafficking defense lawyer evaluate your situation and determine the best strategy,” advises Spodek. “We look at all the facts and evidence to mount the most aggressive defense possible.”
Real Life Example
To illustrate how trafficking charges might play out, let‘s look at a hypothetical scenario:John is arrested and charged with sex trafficking after an undercover police sting at a motel. Officers allege he was prostituting a 17-year-old girl and keeping the profits.Based on the girl’s age, John is facing a minimum 10 year federal prison sentence if convicted, even with no prior record. However, John maintains he never forced or coerced the girl and that she told him she was 19.In building John’s defense, his attorney would likely challenge the sufficiency of the evidence regarding John‘s knowledge of the girl’s age and any force or coercion used. The lawyer may also explore potential entrapment by investigating the tactics used in the sting operation.With skillful advocacy, John may be able to get the charges reduced or even dismissed. But if the case does go to trial, he‘ll need a highly competent trafficking defense attorney in his corner.
Why You Need an Experienced Trafficking Defense Lawyer
Human trafficking cases are extremely complex and the stakes couldn‘t be higher. Prosecutors pursue these cases aggressively, and judges impose harsh sentences upon conviction.That’s why it’s absolutely essential to have a knowledgeable trafficking defense attorney fighting for your rights and freedom. Here are some of the ways an experienced lawyer can help:
- Conducting a thorough investigation – Carefully examining all evidence, interviewing witnesses, and looking for holes in the prosecution’s case.
- Negotiating with prosecutors – Working to get charges dismissed or reduced, often by pointing out evidentiary weaknesses.
- Protecting your rights – Making sure police and prosecutors follow proper procedures and don’t violate your constitutional rights.
- Developing a personalized defense strategy – Analyzing the unique facts of your case to determine the most effective path forward.
- Guiding you through the legal process – Keeping you informed and answering all your questions along the way.
“Facing human trafficking charges is terrifying, but you don’t have to go through this alone,” says Spodek. “At our firm, we treat every client with compassion and fight tirelessly to achieve the best possible outcome.”
Choosing the Right Trafficking Defense Firm
So how do you find the right law firm to handle your trafficking case? Here are some key things to look for:
- Experience – Choose a firm that has successfully defended many state and federal trafficking cases.
- Expertise – Trafficking law is extremely complex, so you need attorneys who understand all the nuances and keep up with the latest developments.
- Personalized attention – Avoid firms that will treat you like a case number. Look for attorneys who will take the time to listen to your story and understand your unique needs.
- Accessibility – You should be able to get in touch with your lawyer when you have questions or concerns. Make sure the firm has systems in place to keep you in the loop.
- Resources – Trafficking cases often require extensive investigation and expert witnesses. Choose a firm that has the resources to mount a strong defense.
At Spodek Law Group, we pride ourselves on providing all of the above and more. Our team of battle-tested trafficking defense lawyers is ready to stand up for you.