An arrest and a criminal charge for child pornography can have lasting legal consequences, not to mention significant personal and social repercussions. Sentencing for a guilty conviction could include a lengthy prison sentence, a sex offender registry, a felony conviction on your permanent record, and other penalties. Because of the nature of the crime, even accusations can have a lasting impact on your life and future.
A strong defense strategy is crucial, and while these charges are serious, you have legal rights and many defense options. An Avalon Park child pornography lawyer could review your case and help strategize the most effective potential defense that clears your name. Call a reliable sex crimes defense attorney right away if you have been charged by the state or are currently under investigation.
The criminal courts punish child pornography convictions harshly and this type of material can include pictures, film, images, data, or any visual content that sexually depicts children. Under Florida Statutes § 827.071, knowingly and intentionally possessing or viewing pornographic material is unlawful, and the state will prosecute the defendants to the fullest extent of the law.
A conviction on the first arrest for possession of pornography is a third-degree felony punishable by up to five years in prison and monetary fines of up to $5,000. The punishments will continue to increase for subsequent arrests involving child pornography. An experienced Avalon Park child pornography attorney knows what weaknesses to look for in a case and could immediately get to work with a defendant in identifying areas of prosecution to attack.
Some circumstances could lead to wrongful arrest for child pornography charges, such as shared computers, malicious online activity, or even entrapment. Some of the potential defense strategies against child pornography charges include the following:
One potential defense strategy against child pornography is that the defendant believed the person in the picture was an adult who was merely depicting someone who was underage. They could also be unaware there were children in the images; or someone was sent an image they never viewed but it remains on their device.
There are times when arrests result from a negligent investigation or insufficient evidence. A child pornography lawyer in Avalon Park could investigate the cause of the arrest and conduct a thorough evidence review to determine if there is a lack of sufficient evidence.
Some of the other factors to consider for the defense strategy in child pornography criminal cases include the following:
Some of these possibilities may be known to the defendant when they contact a defense lawyer and some may require further digging in order to uncover. It is highly important to have legal counsel during this crucial phase.
A conviction involving sex crimes and child pornography would have a major impact on your ability to hold a job or interact with others. The good news is that a charge does not automatically mean a conviction.
An Avalon Park child pornography lawyer could help you prepare for the trial and advocate for your rights inside and outside of the courtroom. The moment you believe you are at risk of an arrest, please contact us and get legal help.
The Umansky Law Firm Criminal Defense & Injury Attorneys