California Child Pornography Lawyer – Penal Code 311
WHAT ARE THE MAIN FACTORS THE PROSECUTOR / JUDGE LOOKS AT WHEN DECIDING WHAT THE PUNISHMENT SHOULD BE IN A CHILD PORNOGRAPHY CASE IN CALIFORNIA?
One of the main things determining how a defendant is treated in a child pornography case in Los Angeles is the person's role in the crime.
Are they simply a person who viewed child pornography on the internet out of curiosity, or are they involved in the distribution of child pornography, or worse, are they part of actually making and or producing the child pornography.
Someone directly involved with exploiting children will be viewed very harshly by the prosecutors and judges.
On the other hand, most of the cases that I have seen since the internet came into existence and child pornography began to be prosecuted involve people downloading images on their computers and viewing them for their sexual gratification.
As far as how the judge and prosecutor treat those who possess child pornography, they consider several essential factors.
First, the amount of images is crucial in determining how harsh they will be with a particular criminal defendant.
If there are only a few images, they will likely be much easier to deal with than if there are thousands of photos (in video or photograph form).
They will also look at the nature of child pornography. In other words, what is happening to the child in the pictures or videos?
The worse the exploitation or abuse, the harsher sentencing stance they will take. The last thing they will look at in my experience is the criminal sophistication level of the person they are dealing with.
Does the person have a criminal record? What precisely are they doing with child pornography? Are they sharing it with others? Are they selling it?
Or are they simply viewing it? If a particular defendant has other sex-related offenses, the punishment will be reflected in kind.
Really what the prosecutors are looking to do is protect the public and children in specific and punish the person for what they did.
No matter your circumstances, the best defense is to find a seasoned, savvy criminal defense attorney that has handled many pre-filing cases in the courthouse your case is pending.
If they have been down the road you are about to travel and had success; then they will put you in the best possible position to be treated fairly and get the result you deserve!
IS IT TRUE THAT POSSESSION OF CHILD PORNOGRAPHY IS ONE OF THE MOST COMMON SEX CRIMES CHARGED?
Many of my clients are shocked to learn that child pornography is one of the most common sex crimes charged in Los Angeles at both the state and federal levels.
Even though this crime has not been around that long compared to drug crimes and theft crimes, it has been prosecuted more and more as the exploitation of children has skyrocketed. The legislature has put pressure on law enforcement to tackle this seemingly impossible issue.
The federal government has so many cases pending that it takes them a minimum of a year to go through someone's computer that they seized as part of a federal investigation.
Further, because the problem is so rampant, the state authorities do not have the workforce or time to deal with these cases and have had to rely more and more on the feds to deal with these mostly internet sex crimes.
People do not realize the ramifications of this seemingly simple act because it is so easy to go on the internet and get access to illegal images.
This is further exacerbated by the fact that viruses attach to regular pornography downloaded on people's computers without their knowledge.
Law enforcement is well aware of this issue. It will typically only prosecute someone for possession of child pornography that indeed has sought it out, viewed it, and has many images.
HOW CAN YOU AVOID JAIL IN A POSSESSION OF CHILD PORNOGRAPHY CASE?
There are several crucial factors that the prosecutor and judge will weigh in deciding whether a person charged with the possession of child pornography will serve a jail/prison sentence or not.
First, they will look at how many images you possessed and the type of images that may have been seized through a search warrant.
Then they will look to see if the person has a prior criminal record associated with sexually deviant behavior and evaluate a report written by a specially trained doctor to assess whether a person will commit this type of crime again or worse.
And they will look at the person's actions in the current case and evaluate how dangerous that person is to the victim and society.
To be blunt, in my experience, the judge and prosecutor are going to assess whether, if they give you a break, you will be a repeat offender, and then they will be called into question for not giving you a lengthy jail sentence.
If a doctor and your attorney can convince them that you are a low risk to re-offend and that if they give you a break, it will not come back to haunt them, then there is a much more likely chance that you will be punished with something other than jail.
Hence, choose your attorney carefully to have the best chance of being treated fairly. You likely will not get another chance once the judge and prosecutor have decided your fate.
Possession and distribution of child pornography are illegal in the state of California.
Our sex crime lawyers know and understand child pornography laws that enable us to represent you and defend your case effectively.
Child pornography charges may result in a year in county jail or up to three years in state prison, excessive fines, and mandatory sex offender registration.
Our lawyers are here to help prevent these penalties by using our legal strategies and skill.
There may be several defenses we can assert on your behalf. Contact us so we can start discussing all your available options.
WHAT DOES THE GOVERNMENT HAVE TO PROVE?
To convict a suspect of Possession of Child Pornography, the government must prove that:
- The party knowingly possessed, worked on, or produced, with or without the intent to distribute;
- Material that depicts or describes sexual conduct involving a party under the age of 18
Child pornography is charged under PC 311.11 and may be charged in either state or federal court. Our sex crime defense lawyers can handle your case, whether set on the state or national level.
Child pornography charges include distribution, possession, internet pornography, peer to peer sharing, to name a few.
If you or someone you know is facing child pornography charges, do not wait or hesitate and contact us for a free face-to-face consultation.
August 2015 – Successful Case Result
Los Angeles Downtown Criminal Courthouse – My client was charged with possession of child pornography and faced multiple years in prison because of the number of images he possessed.
Because of the time that the prosecutors took to charge him with anything, I was able to negotiate a no jail time resolution. My client was terrified of going to jail and feared for his safety. This resolution saved his sanity and possibly saved his life from his perspective.
Oct 2015 – No Jail Time in Federal Child Pornography Case
Los Angeles Downtown Federal Court – My client was charged with possessing thousands of child pornography images.
At sentencing, he received no jail & treatment in a program at a halfway house. I convinced the court that my client was not a sexual predator after a psychological evaluation and investigative work before sentencing.