Doral Possession of Child Pornography Lawyers – A Helpful Guide
Being charged with possession of child pornography in Doral or anywhere in Florida can completely turn your life upside down. Even if you are innocent or there are extenuating circumstances, simply being accused can ruin your reputation, cost you your job, and destroy family relationships. For this reason, it is absolutely critical that you have an experienced Doral possession of child pornography lawyer on your side from the very start of your case.
Child Pornography Laws in Florida
Florida laws related to child pornography and exploitation are among the strictest in the country. Even possessing or viewing a single illicit image can lead to serious criminal charges that will follow you for the rest of your life.
The primary law covering child pornography possession is Florida Statute 827.071. Under this law, it is illegal to knowingly possess, control, or intentionally view any image that includes sexual conduct by a child. A child is defined as anyone under the age of 18. The law also prohibits possession of child pornography that depicts what appears to be a minor, even if no actual children were involved in the making of the image.
Penalties under this law depend on the number of offending images and whether the defendant has any prior convictions. For a first offense involving less than 10 images, possession of child pornography is generally charged as a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Penalties escalate from there for larger collections of images or previous convictions.
Typical Penalties for Child Pornography Possession
As outlined above, possession of any amount of child pornography is a felony offense in Florida. However, sentences can vary dramatically based on the details of each case. Typical penalties include:
- 5 years in prison – For a first offense involving less than 10 illicit images
- 10 years in prison – For 10-20 images or a prior conviction
- 15 years in prison – For 21-150 images or multiple prior convictions
- 30 years in prison – For 150-300 images
- Life in prison – For over 300 images or a previous conviction for certain sex crimes against children
In addition to incarceration, those convicted will also face steep fines, sex offender registration, probation or parole, loss of civil rights, and other consequences. Gain an understanding of the potential penalties you may be facing by consulting with a Doral possession of child pornography lawyer as early in the process as possible.
Possible Defenses in Child Pornography Cases
- Mistaken identity – You did not actually commit the crime and are being mistaken for someone else.
- Illegal search – Evidence was obtained through an unconstitutional search, invalid warrant, or without probable cause.
- Not knowing – You were completely unaware the images were on your devices. This is difficult but potentially plausible in some cases.
- Adult depiction – It can be argued the images are of adults and not actually minors. This depends on the individual facts of the case.
- Free speech – In rare cases, the First Amendment right to free speech may provide a defense depending on the nature of the images.
An adept Doral possession of child pornography lawyer will thoroughly examine the details of your case to determine if any viable defenses may be available. Do not simply plead guilty without exploring your options.
Finding the Right Doral Child Pornography Lawyer
- Experience with child pornography cases – Not all criminal lawyers have extensive experience with these complex cases. Find someone with specific expertise.
- Familiarity with local courts and prosecutors – Look for a lawyer who regularly practices in your jurisdiction and knows the system.
- Resources for computer forensics – To analyze electronic evidence, the lawyer needs access to digital forensics experts.
- Track record of positive results – Look for documented experience negotiating reduced charges and sentences. Past results are indicative of future performance.
- Comfort level – You need a lawyer you feel comfortable with and can be open and honest about sensitive issues.
- Cost – Rates and fee structures vary among attorneys. Be clear on costs upfront.
Do your research to find the ideal lawyer for your specific situation. Consultations with multiple attorneys can be very helpful before deciding who to retain. Don’t take chances with your future.