Alien Smuggling Attorney in Houston 

Honest and Straightforward Legal Guidance in Texas 

Alien smuggling involves aiding or facilitating the illegal entry or transportation of individuals not legally authorized to enter or remain in the United States. In Texas, alien smuggling is a serious criminal offense that can result in prison time and fines. 

If you are facing alien smuggling charges, you need an experienced attorney. At Guy L. Womack & Associates, P.C., our team has successfully defended thousands of cases. We provide clients with honest and straightforward legal counsel so our clients know what to expect and how to face the road ahead. 

Call our Houston alien smuggling attorney at (713) 364-9913 and learn how we can fight for you.

What Is Alien Smuggling in TX?

Title 5, §20.01 of the Texas Penal Code outlines the nature of alien smuggling and the consequences for those convicted. In addition to providing an overview of the penalties, this section defines key terms associated with human smuggling cases. 

§20.02: Unlawful Restraint

• An offense occurs when a person intentionally or knowingly restrains another person.
• Affirmative defenses include restraining a child under 14 years by a relative with the sole intent to assume lawful control.
• Penalties range from Class A misdemeanor to third-degree felony depending on various factors.

§20.03: Kidnapping

• Committing an offense by intentionally or knowingly abducting another person.
• An affirmative defense exists when abduction lacks the intent to use deadly force, the actor is a relative of the abducted person, and the intent was lawful control.
• This offense is a third-degree felony.

§20.04: Aggravated Kidnapping

• An offense occurs when a person intentionally or knowingly abducts someone with various intentions, including harm, terror, or interference with government functions.
• Using or exhibiting a deadly weapon during the offense enhances the charge.
• Penalties range from first-degree felony to second-degree felony, depending on circumstances.

§20.05: Smuggling of Persons

• A person commits an offense by knowingly using conveyance to transport an individual to conceal from law enforcement, encouraging illegal entry, or assisting unauthorized entry onto agricultural land.
• Penalties range from third-degree felony to first-degree felony based on factors like risk to victim, victim age, intent, and weapon possession.

§20.06: Continuous Smuggling of Persons

• An offense occurs if an individual engages in multiple instances of conduct under Section 20.05 within ten or more days.
• Penalties range from second-degree felony to first-degree felony based on risk, victim age, and other factors.

Is Alien Smuggling a Felony? 

According to the law, smuggling of persons or alien smuggling is considered a third-degree felony with penalties including a potential jail sentence of up to 10 years. 

However, some aggravating factors, including fleeing from the police, transporting a minor, or transporting people for profit, may result in second-degree felony charges. These more serious cases are punishable by up to 20 years in prison. 

Alien smuggling may become a first-degree felony if the accused assaulted an immigrant or killed someone in the commission of the crime. Typically, these cases carry a penalty of up to 99 years to life in prison. 

Potential Changes

As of June 2023, Texas legislators have introduced House Bill 2, which could raise the minimum jail term for alien smuggling from two to ten years. The bill has passed in the House and awaits a vote in the state Senate. 

Exceptional Legal Representatives 

It is important to note that immigration laws and their enforcement are complex, and the penalties for alien smuggling can be severe. If you or someone you know is facing allegations of alien smuggling, it is strongly recommended to consult with an experienced attorney who can provide personalized advice based on the specific details of the case.

Our team at Guy L. Womack & Associates has over 60 years of combined legal experience. Our attorney has handled hundreds of jury trials and earned a prestigious reputation among his legal peers. We provide clients with accessible and responsible representation so they are never left in the dark about their case. 

At Guy L. Womack & Associates, P.C., we are more than legal professionals – we are fierce advocates. When you need dependable legal counsel, contact our Houston alien smuggling attorney.