A child pornography charge can have a devastating impact on your life and freedom. The outcome of an arrest for this type of alleged offense, and especially a conviction, can prevent you from existing as a normal citizen ever again.
An Orange County child pornography lawyer understands the harsh reality of the system you are up against and how to best fight charges of this nature. If you are facing these charges, you need to secure a respected sex crimes attorney to ensure the best possible line of defense for your case.
Child pornography refers to a wide range of sexual acts involving a child depicted in visual materials. Viewing, downloading, sharing, storing, exchanging, or otherwise possessing content that depicts a child engaged in sexual battery, sexual intercourse, lewd exhibition of the genitals, masturbation, or other sexual conduct is strictly prohibited.
Possession of a single image of child pornography can lead to criminal charges. You can be charged with multiple counts of child pornography possession if you are caught with numerous images or videos featuring this content. This would multiply jail time and financial penalties in the event of a conviction.
Distribution of child pornography is also a grave criminal offense. If you send child pornography via mail or e-mail to someone else, you may have transmitted this illegal content across state lines.
These actions can open you up to both state and federal criminal cases, which can mean joint investigations that lead to multiple charges. Florida’s child pornography laws also forbid inducing a minor to take part in a sexual performance or promoting a child’s sexual performance.
If an alleged offender is convicted of selling or transferring custody of a minor to make or promote child pornography, the crime is a first-degree felony, punishable by up to $10,000 in financial penalties and 30 years of incarceration. Possessing child pornography with the intent to promote it is a second-degree felony, carrying fines of up to $10,000, plus a jail sentence of up to 15 years.
Just possessing child pornography is a third-degree felony. You can face up to five years in jail and a fine of up to $5,000 if convicted. Given how much is at stake, you need an Orange Country attorney from the earliest stages of your case to help you fight against child pornography charges.
There are multiple potential defenses that could be viable to fight this specific charge. An Orange County attorney can identify the most useful strategies to deploy in your case and tailor the right defense approach to the facts of your child exploitations charge.
Lack of knowledge can be a plausible defense, meaning that you were unaware that your device contained child pornography. If you share devices with someone else and they were the ones who actually downloaded the content, you could argue that the illegal materials belonged to another person.
If the individuals depicted in the media content in question were not minors or the materials do not meet the definition of child pornography, these defenses could get your charges dropped. Procedural defenses such as entrapment, illegal search and seizures, and Miranda rights violations may also be useful to fight a child pornography charge in some cases.
While some child pornography charges may fail on their merits, in other situations, an attorney may advise that negotiating a plea deal or seeking to get the charge reduced is the best course of action.
Child pornography charges are often investigated by both state and federal authorities who work in unison to prosecute alleged offenders. In addition to jail time and fines, a conviction for possessing, distributing, promoting, or manufacturing child pornography will mean a permanent criminal record and the requirement to register as a sex offender.
An Orange County child pornography lawyer can defend you against federal or state child pornography charges, evaluate the evidence against you, and tailor your defense strategy to your situation.
Do not wait to obtain the legal help you need and deserve for your case. Contact our office today and schedule your one-on-one legal consultation with an experienced criminal defense attorney.
The Umansky Law Firm Criminal Defense & Injury Attorneys
