Child pornography charges can permanently change the trajectory of your life. A conviction for child pornography possession or a related charge can see you spend years in jail, be forced to pay high financial penalties, have a permanent criminal record, and other significant consequences.
A Windermere child pornography lawyer can work tirelessly from day one to protect your rights and freedoms. Our skilled sex crime defense attorneys could identify the defenses available for your specific charge and fight for the best possible outcome for the case.
Child pornography refers to any image that features a child engaged in sexual acts. Offenses involving child pornography can result in both federal and state charges, and the punishments for possessing even a single material that features child pornography are extremely harsh.
Multiple charges can be filed for every piece of pornographic content found in someone’s possession, whether that is an image, video, file, or other means of viewing this content. It is a grave crime to not only possess child pornography, but also to have these materials with the intent to promote, distribute, or sell them.
A related offense is when someone is charged with transferring custody of a minor to make or promote child pornography. All child pornography crimes are felonies.
The details of every criminal case are different, but the most strategic defense for a child pornography allegation will depend on the chain of events that led to the charge and the individual charge itself. A Windermere attorney could help you better understand a particular child pornography charge and the best angle with which to approach your defense.
Possible defenses to these charges can include lack of intent, lack of evidence, or a mistake of fact (in other words, the content did not actually contain sexual situations involving a minor). Lack of knowledge about the content in question or Constitutional violations could also be part of a robust defense strategy.
In other situations, issues concerning the legality of the original search and seizure or the chain of custody for the evidence involved may be used to challenge the prosecution’s case. Entrapment can also be a plausible defense, where actions by law enforcement were used to persuade the accused to engage in the alleged offense.
A conviction for any child pornography offense can mean years in prison. The severity of the penalties assessed will depend on numerous factors including whether or not the accused has a prior criminal record, the primary offense, and unique circumstances related to the alleged crime.
If a person is convicted of possessing just one image with child pornography, this is a third-degree felony. The sentence could include up to five years in jail, and a maximum financial penalty of $5,000. Possessing child pornography with the intent to distribute it is a second-degree felony in Florida. That category of offense carries a maximum prison term of 15 years, and fines can go as high as $10,000.
When a person is charged and convicted with transferring a minor to produce child pornography, they face penalties for a first-degree felony. Those possible sentences include up to 30 years in jail, plus a financial penalty of as much as $10,000.
The prosecution needs to prove their case beyond a reasonable doubt if they want to get a conviction. A Windermere attorney could examine all means of disproving or discrediting the state’s child pornography case, but time is of the essence to properly fight these charges.
If you have been arrested by the Windermere police department for possessing or distributing child pornography, you need to secure legal representation as soon as possible. A conviction could force you to register as a sex offender and relinquish many of your civil rights, above and beyond any jail sentence or other penalties imposed.
You need an experienced Windermere child pornography lawyer who has an in-depth understanding of the law, a history of dealing with prosecutors on these cases, and can leverage the most effective defense strategies for your case. There are numerous defenses that could apply to your case, so you should consult with an experienced criminal attorney immediately to ensure your interests are safeguarded throughout the legal process.
Contact our office to schedule your confidential legal consultation with one of the aggressive attorneys at The Umansky Law Firm.
The Umansky Law Firm Criminal Defense & Injury Attorneys
