Human trafficking charges carry significant penalties. Those accused of human trafficking can face decades in prison and overwhelming fines, making the need for a robust defense paramount.
Human trafficking cases are difficult not simply because of the serious punishments involved but because the lines between victims and perpetrators are not always clear. Many individuals are trafficked only to be turned to trafficking others. Our team can use this as a defense in your case if you were also a victim of trafficking. In other cases, people are mixed up in situations where they have no idea they are involved in a trafficking operation. These can be used as defenses to avoid the worst penalties under New Jersey law. If we cannot get the case dismissed, we might be able to negotiate the charges from first-degree to second-degree.
For a free, confidential case assessment with our New Jersey criminal defense attorneys, call the Law Offices of John J. Zarych today at (609) 616-4956.
Understanding New Jersey’s Penalties for Human Trafficking
Human trafficking is one of the most serious crimes a person can be accused of in New Jersey, but it is also one of the most complex to understand. Individuals can be implicated in human trafficking in numerous ways, but some are completely unaware that they are part of a trafficking ring. The penalties reflect the severity of the crime, which is why you should contact our New Jersey human trafficking defense lawyers so you do not spend years in prison for a crime you did not commit. Penalties for first-degree human trafficking include potentially decades behind bars without any hope for parole. Second-degree charges can also result in considerable time incarcerated and substantial fines.
First-Degree Human Trafficking
An individual can be charged with a first-degree indictable crime under N.J.S.A. § 2C:13-8(b) if found guilty of one of three forms of human trafficking. An “indictable” crime in New Jersey is equivalent to felony charges in other states. This includes holding, recruiting, luring, enticing, harboring, or transporting people for the purpose of engaging in sexual acts. Additionally, it applies to those acting as organizers, supervisors, financiers, or managers of a sex enterprise, as well as individuals who cause a child to participate in sexual activities.
According to § 2C:13-8(3)(d), an individual convicted of a first-degree crime faces a minimum mandatory prison sentence of either 20 years, during which they will not be eligible for parole, or a designated term ranging from 20 years to life imprisonment. In the latter case, the person must serve a minimum of 20 years before becoming eligible for parole.
Further, a conviction for a first-degree crime carries a mandatory fine of at least $25,000, which will be paid to the Department of the Treasury and allocated to the NJ Human Trafficking Survivor’s Assistance Fund.
Moreover, anyone found guilty of first-degree human trafficking will be required to provide restitution to any victims involved. The court will determine the restitution amount, ensuring that the victim receives either the greater of the gross income or value of their labor or services to the defendant or the value of those labor or services as defined by the New Jersey Prevailing Wage Act.
Second-Degree Human Trafficking
An individual can also face charges for a second-degree crime related to human trafficking under § 2C:13-9. This type of offense occurs when someone offers services, resources, or assistance while knowing that these are intended to support the commission of human trafficking.
A person is also deemed guilty of this second-degree crime if they procure or attempt to procure someone to engage in sexual activity or to provide labor or services, whether for themselves or someone else. This applies when the person knows that the individual being recruited is a victim of human trafficking or when a reasonable person would recognize a significant chance that the person involved is a victim of trafficking.
Just like first-degree human trafficking, New Jersey law imposes stricter penalties for second-degree offenses. Typically, second-degree crimes carry a penalty of five to 10 years in prison, according to § 2C:13-9(c). Additionally, offenders must serve a minimum period of parole eligibility equal to one-third of the imposed sentence or a minimum of three years, whichever is greater. Fines for these offenses can also reach up to $15,000.
How Can I Defend Against Human Trafficking Charges in New Jersey?
In a criminal trial, prosecutors must prove their case beyond a reasonable doubt, a significant hurdle that demands substantial evidence. If we believe the evidence falls short, we can file a motion with the court to dismiss the case due to insufficient proof. Even if the judge decides to proceed with the trial, we can still raise the issue of the lack of evidence to the jury in hopes of persuading them to acquit.
Another important factor to consider is your intent concerning the alleged crime. For a conviction to stand, it must be shown that you knowingly participated in a human trafficking scheme. If you were unaware that the services or financial support you provided were being misused for human trafficking, we can establish that you had no knowledge of the situation.
It is also not uncommon for traffickers to exploit their victims to further their operations. For instance, a current trafficking victim might be coerced into luring or enticing new victims into the scheme. Under N.J.S.A. § 2C:13-8(c), though, it is an affirmative defense to human trafficking charges if you were being trafficked at the time the alleged offense occurred. This defense can justify or excuse your actions from a legal standpoint. In many situations, prosecutors might even be open to offering immunity to victims willing to testify against the real masterminds behind the trafficking operations.
Contact Our New Jersey Human Trafficking Defense Lawyers Today for Help Defending Your Case
For a free and confidential case review with our Atlantic City human trafficking defense attorneys in New Jersey, call the Law Offices of John J. Zarych today at (609) 616-4956.
