Crimes involving child pornography are among the most serious criminal offenses in California. If you are convicted of a child pornography crime, you will face consequences that will affect you for the rest of your life.
However, you don’t have to face these charges alone. At Wallin & Klarich, our skilled attorneys have been successfully defending our clients facing child pornography charges for more than 30 years. We know the valid defenses that may help you avoid harsh punishment.
Consequences of Child Pornography Crimes
Before we tell you the defenses to child pornography-related crimes, it is important to understand the punishment you face for these charges. The consequences depend upon the crime for which you are accused of.
If you are convicted of misdemeanor distribution of child pornography under California Penal Code Sections 311.1 and 311.2, you face up to 364 days in county jail and fines of up to $10,000. A felony for this offense carries a sentence of two, three or six years in jail and a $100,000 fine.
The penalties for possession of child pornography under California Penal Code Section 311.11 is up to 364 days in county jail and fines of up to $2,500. Any subsequent offense is punishable by up to six years in prison.
In addition, you will be required to register as a sex offender for the rest of your life if you are convicted of a crime involving child pornography.
Valid Defenses to Child Pornography Charges
Some of the defenses that our child pornography attorneys have successfully used to defend our clients facing child porn charges in California include:
Lack o Knowledge – In order to be convicted of a child pornography crime, the prosecution must prove certain elements of the case are true. Some of those elements are that you knew the person depicted in the material was under the age of 18 and that you knew the material would be considered “obscene.” However, your defense attorney can show that you did not know the person was under 18 or that you did not know the material could be considered obscene or offensive.
Entrapment – Many times, law enforcement will attempt to arrest people for child pornography crimes by going undercover. But authorities must adhere to specific policies and procedures. If police trick you into downloading or distributing child pornography, you may have a valid defense to this crime.
Fourth Amendment Violation – Under the Fourth Amendment, you have a right to be from illegal searches and seizures by law enforcement. If law enforcement officials violated your Fourth Amendment rights while collecting evidence, your attorney may be able to get that evidence thrown out in your case.
Scientific or Educational Purposes – If you possessed or distributed the material in question only due to legitimate scientific or educational purposes, you may have a valid defense to these charges.
Call a Sex Crimes Attorney at Wallin & Klarich Today
If you or a loved one has been charged with possessing or distributing child pornography, you need to contact an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing child pornography charges for over 30 years. We will meet with you to review the facts of your case, and plan a defense strategy that will help you get the very best outcome possible.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.