Law enforcement officers show up at your door. They search your home and take your computer. They go through the files and they find child pornography. Now you are facing devastating charges that could follow you around for the rest of your life.
You also face severe legal consequences. But a criminal defense lawyer from McKenzie Law Firm, P.C. specializing in child pornography cases can build a defense for you in Doylestown to keep you out of prison and mitigate the damage to your reputation.
Defining Child Pornography Under Pennsylvania Law
Child pornography charges are serious. Such charges are some of the most grave you can face. You not only must endure a possible trial that could end in a prison sentence, but they could damage your career, reputation, social circle, and your living situation.
So, why are you being charged with child pornography?
Under 18 Pa. Cons. Stat. § 6312, child pornography is the sexual abuse of children by photographing, filming, or depicting any person under the age of 18 engaging in sexual acts. You could also face charges for possessing, transporting, distributing, and receiving child pornography.
Exceptions to the law include material meant for scientific or educational purposes, and if the underage person views or possesses material featuring explicit depictions of themselves.
Your Child Pornography Lawyer Can Benefit Your Defense Case
We strongly recommend that you obtain legal representation from a criminal defense lawyer with experience fighting child pornography charges. You do not have to stand alone, nor should you. A criminal defense lawyer from our firm can protect your rights, build a defense strategy, walk you through every step of the legal process, and represent you at every hearing and court date.
If you hire our law firm to handle your case, we will:
- Investigate the charges against you to determine if any mistakes were made and what level of penalties you are facing. Discovering the facts of the case will help us devise a robust defense strategy.
- Collect evidence to support your defense and dismantle the prosecution’s case against you.
- Provide you with regular updates on your case and be accessible to you if and when you need to communicate with us about your case.
- Build a defense strategy to obtain a dismissal or reduction of the charges, and to convince a jury to produce a verdict in your favor should your case go to trial. We will involve you in our defense planning from the moment we take your case so you can contribute.
- Negotiate a plea deal with the prosecuting attorney if it’s appropriate in your case. As a former prosecutor, our founder understands how the other side works and how to work out a plea deal with them.
- Represent you in court by disputing the charges against you, presenting evidence to the jury, getting witness statements on the record, setting a fair bail amount, and protecting your rights throughout the process.
We will work to obtain the best outcome in your case because you are innocent until proven guilty. Child pornography charges are stressful enough to deal with. You want a lawyer who believes in you and will fight for you. That’s us. We are here for you when you need us most.
Defense Strategies That Could Apply to Your Case
When you obtain the services of a lawyer, you naturally want to know what kind of defense strategies they can employ to fight the child pornography charges against you. Again, you are innocent until proven guilty, which means the burden of proof is on the prosecution.
There are a few defenses that might apply to your case depending on the circumstances, including:
- The explicit material is not yours: Whether it’s a book, photographs, or videos, just because it’s in your home or on your computer, it doesn’t mean it’s yours. If you share your home or computer with others, the material could just as easily be theirs. We can make this argument in court to create reasonable doubt.
- It’s an accident: One of the keywords in Title 18 is “intentionally,” which means that if possessing or viewing child pornography was merely accidental, the prosecution doesn’t have much of a case. You may have simply downloaded the material by accident by clicking a link you didn’t realize contained something illegal.
- Believe everyone in the material was an adult: You may have been led to believe that everyone in the pornographic material was 18 or older at the time of filming.
It’s also possible that we can argue that the police did not adhere to proper procedures. Perhaps they didn’t have a warrant, or they did not read you your Miranda rights. Perhaps they broke the chain of custody. These kinds of errors happen all the time. If such an error occurred in your case, we may be able to get the charges against you dropped.
We will involve you in devising a defense strategy. Your input is valuable and we want your approval before we put a strategy into action. A robust defense is crucial in child pornography cases.
Child Pornography Legal Penalties
The penalties you face for a child pornography conviction depend on the charges. A sentence could be between five and ten years in prison and up to a $25,000 fine. The difference could be whether you produced the material, possessed it, or distributed it. You could also face federal penalties.
In addition, you may have to register as a sex offender and face restrictions on where you can work and live.
Beyond the legal penalties and requirements, you may also face societal repercussions. You may suffer damage to your reputation, relationships, and career.
Consult a Child Pornography Lawyer in Doylestown Today
Child pornography is a serious accusation or charge that demands a serious response. We urge you to obtain legal representation as soon as possible so we can begin putting together your defense.
To talk to a child pornography lawyer from McKenzie Law Firm, P.C. about your case in Doylestown, please don’t hesitate to contact us today.