Los Angeles Human Trafficking Defense Attorney
Human trafficking is one of the most aggressively prosecuted crimes in California. These cases are often brought with intense public scrutiny and media attention in Los Angeles. If you or someone you care about is being investigated or has been charged with human trafficking under California Penal Code Section 236.1, you need to take immediate legal action. If you or someone you know has been accused of human trafficking, you must meet with an experienced Los Angeles criminal defense attorney right away.
At Kraut Law Group Criminal & DUI Lawyers, Inc., we have successfully defended clients accused of serious felonies, including human trafficking, sex crimes, and federal offenses. Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience in Los Angeles. His insider knowledge of how prosecutors build human trafficking cases gives our clients a distinct advantage.
What Is Human Trafficking Under California Law?California Penal Code §236.1 defines human trafficking as the act of depriving another person of their liberty with the intent to obtain forced labor, services, or commercial sex acts. There are three primary types of human trafficking offenses under this statute:
- Forced Labor or Services – PC 236.1(a)
It is illegal to deprive or violate someone’s liberty with the intent to obtain forced labor or services. - Sex Trafficking – PC 236.1(b)
Recruiting, harboring, or transporting someone for commercial sex through force, fraud, or coercion. - Trafficking of Minors for Commercial Sex – PC 236.1(c)
It is a felony to cause, induce, or persuade a minor (under 18) to engage in a commercial sex act, even without force or coercion.
To secure a conviction for human trafficking, the prosecution must prove:
- The defendant deprived the alleged victim of personal liberty, using means such as force, fraud, fear, duress, coercion, or threats;
- The defendant did so with the intent to obtain forced labor, services, or sexual acts.
In cases involving minors, the law does not require proof of coercion, and consent is not a defense if the victim is under 18 years old.
Common Examples of Human Trafficking ChargesHuman trafficking allegations can arise from a broad range of situations, including:
- Domestic servitude: A family hires an undocumented worker as a nanny or housekeeper, refuses to pay wages, restricts their movement, and threatens deportation.
- Sexual exploitation: A pimp allegedly forces a woman to perform sex acts under threat of violence.
- Labor exploitation: A contractor employs undocumented workers in unsafe conditions, withholds pay, and threatens legal consequences if they try to leave.
- Online enticement: Using social media to lure minors into performing sexual acts or working in adult entertainment.
Human trafficking charges are often brought alongside, or instead of, other serious charges, including:
- Pimping & Pandering – PC 266h & PC 266i
Involves procuring or encouraging someone to engage in prostitution. - Kidnapping – PC 207
Taking someone against their will, often charged when the alleged victim is moved for exploitative purposes. - False Imprisonment – PC 236
Unlawfully restraining someone without their consent. - Sexual Exploitation of a Minor – Various statutes
Includes producing or distributing explicit materials involving minors or facilitating underage prostitution.
In many cases, the District Attorney will seek to elevate related offenses to human trafficking to pursue longer sentences and higher bail amounts.
Penalties for Human Trafficking in CaliforniaHuman trafficking is a felony offense with extremely severe penalties. Sentences can vary based on the specific subsection of PC 236.1 and the circumstances of the alleged offense.
Penalties include:
- PC 236.1(a) – Forced Labor
- 5, 8, or 12 years in state prison
- Fine up to $500,000
- PC 236.1(b) – Sex Trafficking
- 8, 14, or 20 years in state prison
- Fine up to $500,000
- Possible registration as a sex offender
- PC 236.1(c) – Trafficking a Minor
- 15 years to life in state prison
- No probation eligibility
- Lifetime sex offender registration under Megan’s Law
Additionally, human trafficking charges may qualify as a “strike” under California’s Three Strikes Law, which can double future sentences.
Federal Human Trafficking ChargesIn some cases, trafficking offenses are charged at the federal level under laws such as the Trafficking Victims Protection Act (TVPA). These cases often involve:
- Multistate or international trafficking rings
- Internet-based solicitation or exploitation
- Conspiracy charges involving multiple defendants
Federal convictions can result in life imprisonment and multi-million-dollar fines. The Kraut Law Group Criminal & DUI Lawyers, Inc. is equipped to defend clients in state and federal court.
Possible Defenses to Human Trafficking AllegationsBeing accused of human trafficking can feel overwhelming, but a strong legal defense can result in reduced charges, case dismissal, or a favorable verdict at trial.
Common defenses include:
- False Accusations: The alleged victim may have a motive to lie, such as immigration benefits (e.g., a U visa), revenge, or financial gain.
- Lack of Intent: Prosecutors must prove the accused intended to force labor or sex acts. Misunderstandings in employer-employee relationships can result in unfounded charges.
- Consent: While not a defense in cases involving minors, consent may be relevant in adult cases, especially where no coercion or threats were used.
- Insufficient Evidence: Many cases rest solely on testimony without physical evidence. A skilled attorney can exploit these weaknesses.
- Former Prosecutor Advantage: Attorney Michael Kraut attended Harvard Law School and is a former senior trial prosecutor who understands both sides of the courtroom.
- Discreet, Strategic Representation: These charges carry stigma and personal consequences. We pursue aggressive, confidential, and effective legal strategies.
- Early Intervention: We frequently intervene before charges are filed, presenting evidence to detectives and District Attorneys to stop cases before they start.
- Proven Results: We’ve achieved dismissals, charge reductions, and acquittals in complex criminal cases across Los Angeles County.
Time is critical in human trafficking cases. If law enforcement has contacted you or if you have already been arrested, do not speak with investigators before consulting an attorney.
You need a defense team that understands the system, respects your rights, and will fight tirelessly to protect your future. Contact Kraut Law Group Criminal & DUI Lawyers, Inc. for a confidential, no-obligation case review.