Federal Child Pornography Defense Lawyer

Federal Child Pornography Defense Lawyer
Federal Child Pornography Defense Lawyer

Federal Child Pornography Defense Attorney

Possessing, distributing, and receiving child pornography are serious criminal charges. If you are facing child pornography charges, you should understand the severity of your situation and contact a federal child pornography defense lawyer immediately.

If you are convicted of any child pornography charges, you can expect to face consequences that transform your life. Not only could you be looking at years in prison and thousands of dollars in fines, but you could also expect to face negative social consequences. You will need a fierce legal defense to protect your rights and your future.

Barry M. Wax is a fierce federal criminal defense lawyer who has nearly four decades of experience standing up for clients who have been accused of serious crimes like child pornography. When you are facing such serious charges, it is vital that you have a lawyer working on your case as soon as possible. The sooner we can start working on your case, the more time and effort we can put into advocating for your rights.

What Are Child Pornography Charges?

The United States government takes the use of any sexually explicit content involving people under the age of eighteen seriously. It is against the law to engage in any activities with pornography that involve minors. For instance, if you engage in any of the following actions, you can expect to face harsh criminal charges like jail time and fines:

  • Creation of Child Pornography: If you are charged with participating in the creation of pornography with minors in any way, you can face serious legal penalties.
  • Possession/Production of Child Pornography: If you possess child pornography in any capacity, on your computer, phone, hard drives, or any other device, you can be charged with breaking the law.
  • Use of Child Pornography: Using child pornography in any capacity is against the law.
  • Promotion of Child Pornography: If you promote child pornography anywhere on the internet or in other locations, you can get in legal trouble, even if you are not using it or storing it yourself.
  • Distribution of Child Pornography: If you distribute or sell child pornography on any platform to anyone, you can face serious legal consequences.

The consequences that you are facing will depend on whether or not there are aggravating factors in your case. Aggravated factors can include, but are not limited to, any of the following circumstances being relevant to your situation:

  • You possess images involving the sexual battery of a child
  • You possess images of a child involving sexual bestiality
  • You possess images involving sadomasochistic abuse of a child
  • You possess any pornographic movie of a child, even if it has no sound
  • You possess ten or more images that qualify as child pornography
  • Committing any crime involving child pornography with a child under the age of five years

The question of viewing child pornography is often raised in legal disputes about this crime. It is not explicitly against the law to view such materials, but if it is stored in any way, you could face penalties.

What Are the Penalties for Child Pornography Charges?

If you are found guilty of any of the above criminal activities involving child pornography in Florida, you can expect to face harsh penalties. The exact consequences you can expect to face will depend on the precise nature of your circumstances, but in general, you can expect to look at consequences such as prison time and thousands of dollars in monetary fines.

The severity of your penalties for child pornography charges in Florida will also depend on factors unique to your case, like your criminal history and the extent of your case. For instance, if you have four or more images that constitute child pornography in your possession, you will have to serve mandatory prison time. In order to negotiate a lighter sentence, you should consult with an experienced criminal defense attorney who can advocate for you and negotiate with other involved parties.

If your case involves any of the above aggravating factors or another aggravating factor, then you can face up to fifteen years in prison, 15 years of probation, and fines of up to $10,000. Typically, if you are found guilty of a crime with one such factor, you can face a minimum of 41 months in prison. However, every case is unique, and you should consult with your attorney about the implications of your particular case to find out more about what you are facing.

You can also expect that if you are convicted of a child pornography offense, you face social and economic consequences as well. The consequences will depend on your unique case and circumstances, but you might experience the following:

  • Loss of Employment: If you are found guilty of a child pornography crime, then you can expect to have a difficult time finding a job after you serve your sentence.
  • Social Isolation and Stress: If you are convicted of child pornography, then you might experience changes in your interpersonal relationships and feel social isolation. It can feel like the system is working against you, which is why it is important to have a criminal defense attorney fighting for you.
  • Educational Consequences: If you have a history of criminal convictions for child pornography, you might face barriers to attending certain educational programs or continuing your education.
  • Financial Stress: After you serve a sentence for a criminal conviction, you might face some financial hardships. Your penalties will likely include a large fine, and you might face difficulties finding work with a livable income. To add to this stress, strained interpersonal relationships might make it difficult for you to borrow money from someone that you were once close with.

How Can a Criminal Defense Attorney Help You?

If you are charged with any child pornography crime in Miami, Florida or anywhere in the United States, it is vital that you hire a criminal defense lawyer who can start working on your case as soon as possible. The more time your lawyer has to familiarize themselves with your situation, the more time they can have to do useful research and craft a strategic legal defense.

  • Providing Legal Counsel: When you are facing a complex legal issue with serious penalties, you need to speak with someone who has many years of experience and in-depth knowledge about your state’s legal system. Your criminal defense lawyer can review the facts of your case and provide informed legal advice that helps you make the right decisions in pursuit of a positive outcome.
  • Compiling Strong Evidence: Defending yourself in the face of accusations like child pornography is not always an easy feat. You should not attempt to go through this on your own, as this can exacerbate your stress and pressure during this time and would not be as effective as if you had an attorney do it for you. Your experienced lawyer can closely review your case and determine what evidence can support you.
  • Fighting For You in Court: Not all cases end up going to the courtroom, but if your child pornography case does end up in court, you will need a dedicated lawyer fighting on your behalf. If you have had an experienced criminal defense attorney working on your case from the very start, you can rest assured that your attorney walks into the courtroom extremely familiar with your case and armed with a strong defense strategy.
  • Appealing Your Legal Outcome: Even with the strongest legal efforts, there are times when you do not see the outcome you want from the court. You do not always have to lose hope in such a case. If you receive a negative outcome but you believe that the court misinterpreted the evidence or overlooked a vital detail, you might be able to file an appeal and prompt the courts to review the face of your case. Your criminal defense attorney can review the outcome closely and confirm if you have a case to file an appeal. If you do, they can take care of the process for you.
  • Advocating For a Light Sentence: Your criminal defense attorney can also continue to advocate for you at your sentencing hearing. If you are found guilty or you plead guilty to your charge, you will have to go to this sentencing hearing to learn what your penalties will be for your crime. At this hearing, your defense attorney can fight for you to get a light sentence.

Child Pornography Law FAQs

Q: Is Viewing the Same as Possessing?

A: Viewing and possessing are two different concepts. If you possess pornographic content, you are storing the content on hard drives or in another form. Viewing the content is not strictly against the law, but if you were viewing it and it was being stored on your device, then you could face consequences. You should consult with your attorney about the factors in your case and the precise charges you are facing.

Q: How Much Does a Child Pornography Defense Lawyer Cost?

A: Different lawyers have different pricing structures and charge their clients a wide range of fees. The amount that you will have to pay will be based on a lot of different factors, such as how complex your case is and, as a result, how much time your criminal defense attorney will have to put into it. Your lawyer’s amount of experience and reputation will also play a role in how much they charge. To gain a detailed understanding of how much you might be charged, you should consult with your attorney about financing.

Q: Is It Illegal to View Child Pornography?

A: Possessing, distributing, or making child pornography is against the law. If you view the content but do not store it anywhere, then you cannot face the penalties. The charges that you can face for child sex crimes can depend on the exact circumstances you are facing and the actions that you are charged with.

For instance, you might be able to prove that you were not aware that you were storing it and did not intentionally commit the act. Consulting with your federal child pornography defense lawyer can help you gain a better understanding of what legal penalties you might face for your particular case.

Q: What Is the Federal Child Exploitation Statute?

A: The federal child exploitation statute makes it illegal to engage in any sexually explicit conduct involving minors under the age of eighteen years old. The statute defines child pornography as any sort of visual depiction of children that is sexually explicit involving a child. For instance, these visual depictions could include photographs, movies, images generated by your computer, and more. It also outlines that the penalties for such actions include a minimum of fifteen years in prison.

Q: What Is the Punishment for Possession of Child Pornography?

A: If you are found guilty of possessing pornography that features people who are under the age of eighteen, you can expect to face penalties, including prison time and monetary fines. The amount of time you spend in prison and the amount of money that you have to pay will depend on the nature of your case.

For instance, those with four or more pornography images in their possession will have to serve prison time, and if you possess ten or more images, you can face about fifteen years in prison. Your past criminal history and the number of aggravating factors in your case can also shape your penalties.

Federal Child Pornography Defense Lawyer

If you are facing child pornography charges, you might feel like the system is working against you. With the right lawyer on your side, there is hope for your future. Your attorney will do everything they can to protect you and advocate on your behalf. If you are in need of an experienced federal child pornography defense lawyer, the Law Offices of Barry M. Wax can help you.

Since 1985, Barry M. Wax has been working hard on a wide range of criminal cases. He is always ready to fight for what is right and has a proven track record of success standing up for his clients. If you are ready to fight for your future, reach out to the Law Offices of Barry M. Wax today.

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