Coral Gables Possession of Child Pornography Lawyers

Possession of Child Pornography is a serious crime that carries steep penalties in Coral Gables, Florida. If you or someone you love has been charged with this offense, it’s critical to speak to an experienced criminal defense attorney right away. A knowledgeable lawyer can evaluate the details of your case and build the strongest possible defense to mitigate the consequences.

What Constitutes Possession of Child Pornography in Coral Gables?

Simply having child pornography in your possession is a crime in itself under Florida law. Prosecutors don’t need to prove you produced or distributed the material, only that you knowingly possessed it.

Child pornography refers to any visual depiction of sexually explicit conduct involving a minor. This includes photographs, videos, digital images, drawings, or even computer-generated depictions of real or simulated sexual acts. The children featured must be under 18 years old.

Mere possession for even a brief period is enough to sustain charges. The material doesn’t need to belong to you either. Storing child pornography on behalf of someone else still constitutes possession.

What Are the Penalties for Possession of Child Pornography in Coral Gables?

A conviction for possession of child pornography brings severe criminal penalties. It’s classified as a third-degree felony with up to 5 years in state prison and a $5,000 fine. Each individual image or video clip counts as a separate offense too.

Possessing 10 or more images bumps the charge up to a second-degree felony. Now you’re facing up to 15 years behind bars and $10,000 in fines. The potential punishment increases for large collections with over 100 images.

On top of incarceration, a conviction also brings extended probation, registration as a sex offender, and loss of certain rights. Your reputation will suffer irreparable damage as well.

How Can a Lawyer Defend Against Possession of Child Pornography Charges?

Although these allegations are deeply disturbing, the law still presumes defendants innocent until proven guilty. An experienced criminal defense lawyer can often get charges reduced or dismissed by challenging the prosecution’s case.

Here are some potential defenses:

Lack of Knowledge

You can’t be found guilty if you were unaware the images were on your computer or device. Perhaps a virus placed them there without your consent. Or another person used your equipment. Your lawyer can argue you never knowingly possessed the material.

No Evidence of Possession

Police need probable cause to seize and search your electronics. If they lacked a proper warrant, the evidence may be excluded. Your attorney can file a suppression motion to get the charges tossed out.

Mistaken Age

Some defendants honestly believed the individuals shown were over 18 based on their apparent maturity. While ignorance of age is not a full defense, it can potentially lower the charges.

Free Speech

The First Amendment protects some forms of artistic expression even if deemed obscene. Your lawyer may argue the material had artistic, scientific or other merit.

Mental Health Issues

In some cases, mental health problems like compulsive hoarding lead to possession without criminal intent. A skilled attorney can advocate for counseling and treatment instead of prison.

Why Hire a Coral Gables Criminal Defense Lawyer for Possession of Child Pornography Charges?

Facing allegations of possessing child pornography can feel terrifying and overwhelming. An experienced sex crimes attorney understands how to navigate these complex cases and achieve the most favorable outcome possible.

Here’s how a knowledgeable lawyer can help:

• Evaluate any possible defenses based on the specific details of your case.
• Aggressively challenge the prosecution’s evidence through motions and hearings.
• Negotiate with the District Attorney’s office for reduced charges or pretrial diversion programs.
• Advocate for mental health treatment, counseling or limited probation if appropriate.
• Provide a strong defense at trial if necessary, such as using expert witnesses to discredit the prosecution’s arguments.
• Guide you through the legal process and protect your rights every step of the way.
• Mitigate the penalties and long-term consequences of a conviction.
• Preserve your reputation and dignity throughout the ordeal.

Defending against allegations of possessing child pornography requires highly specialized legal skills and experience. Don’t leave the outcome to chance—contact a dedicated Coral Gables criminal defense lawyer right away for trusted advice and representation.