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Child Pornography Taking a Personal Approach to Law

San Diego Child Pornography Attorney

Child pornography and distribution crimes are universally disparaged, but many people accused of child pornography crimes have not engaged in the stereotypically heinous activities that come to mind. Society automatically brands individuals charged with these kinds of sex crimes, which can tarnish a professional reputation or personal identity for years to come, if not a lifetime. Without fast and experienced legal guidance, a child pornography accusation or charge can have devastating effects on an individual’s life. Our San Diego child pornography lawyers know that facing charges of any kind involving abuse or exploitation of children can destroy more than the life of the accused.

DEFINING CHILD PORNOGRAPHY CRIMES

Child pornography charges arise when law enforcement officers and investigators have reason to believe an individual possesses or intends to sell or distribute sexually explicit material featuring children under the age of 18. The list of material included under the law is exhaustive. Any visual content or verbal reference to visual content is eligible for use as evidence in child pornography cases. The sexually explicit materials do not have to show actual intercourse, however. Simulating the act is enough to constitute child pornography.

These types of crimes are considered felonies in the state of California. State charges may often coincide with federal charges and leave defendants facing years of imprisonment, registration as a sex offender, and steep fines.

DEFENDING AGAINST CHILD PORNOGRAPHY CRIMES IN CA

Although being accused of the crime may feel devastating, being charged with child pornography possession or distribution is not the end of the rope. There are several legitimate defenses that can be used to help individuals fight pornography charges and get their lives back. Some of the most common strategies include:

  • Lack of knowledge of the existence of material. If you were not aware of the material, then you cannot be held responsible for it. For instance, if someone borrowed your computer and used it for illicit activities or if you accepted a data file or CD without knowing that it contained child pornography, the prosecution may not be able to prove beyond reasonable doubt that you had knowledge of the content.
  • Lack of knowledge of the age of participants. It is not illegal to view or distribute pornographic material online. If you had reason to believe the content you circulated featured legal adults, and it was reasonable to believe so, you may not be held liable for possessing or distributing the content.
  • Illegal seizure. In some cases, the way in which law enforcement obtained the material may not be admissible in court. Warrants based on false information or that were otherwise illegally obtained are not admissible in court based on Fourth Amendment rights.
  • Lack of intent to consume child pornography. We all accidentally click on sites we did not intend at some point or other. Most are innocuous mistakes, but accidentally clicking on a link to child pornography could lead to an investigation. Forensic analyses can typically uncover whether a site visit was a mistake based on the time spent on the site. If you do accidentally uncover child pornography, you can report it to the National Center for Missing & Exploited Children.

These are only some of the potential defenses that could be used to exonerate you from possession and distribution charges. At The Law Office of George Gedulin in San Diego, we understand that mistakes happen and that child pornography can be unknowingly possessed or distributed. If you are being charged with a child pornography crime, you will need a strong legal advocate to protect your rights and future.

Our team, led by founding San Diego Attorney George Gedulin, will visit clients in jail or prison. We are committed to fighting aggressively for our clients’ rights from the moment they reach out for help. For more information about how we can help you fight a child pornography accusation, contact us today.

Successful Defense Cases

  • 16 Counts, Unlawful Sexual Intercourse with a Minor Sentence Reduced, All Other Charges Dropped

    Client charged with multiple sexual assault offenses, facingĀ 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.

  • 24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000 Reduced Sentence, Other Charges Dropped

    Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.

  • Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence Dismissed Charges

    Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.

  • Felony Domestic Violence Arrest All criminal charges dismissed

    After arrest, defense investigation reveals that spouse was aggressor and caused harm to client, all criminal charges dismissed.

  • Felony Gun Possession, Felony Child Abuse Charges Dismissed

    Client charged with felony gun possession and endangering life of a child being in illegal possession of loaded weapons in the home. Potential 6 year Prison sentence. Child endangerment charges dismissed, NO Custody.

  • Possession of 5KG of Methamphetamine while Armed with Loaded Gun Probation and Other Charges Dismissed.

    Client facing 4 counts of possessing large quantity of Methamphetamine for sale and a loaded gun with no serial number. District Attorney offer of 6 years in State Prison. Ultimate resolution was a plea to gun possession only, probation and credit for time served with no additional jail time. All other charges dismissed.

  • Restraining Order, Accusations of Sexual Assault Case Dismissed

    Defense Victory at trial for restraining order, Judge dismissed complaint against client, finding victims allegations and testimony not-credible.

  • Shoplifting from Naval Commissary Case Dismissed

    Case Dismissed, record sealed in Federal Court

  • Welfare Fraud No Custody, Case Dismissed Following Probation

    6 Counts of Fraud by Misrepresentation and Perjury. Possible 4 year prison sentence maximum. Defense negotiated with prosecution for Diversion Program.

  • Marijuana Possession for Sale/Transportation Plea to Simple Possession, Probation and Fines,

    Ā½ pound of Marijuana, $5,000, baggies, scales and Marijuana storage paraphernalia, potential 4 years in jail, Defense argued insufficient evidence to prove sales of Marijuana or Drug Trafficking and filed motion to return all seized property.

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