Chula Vista Child Pornography Criminal Defense Lawyer
Accused of Child Pornography Crimes? Call Us Now.
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Our attorneys have defended many child pornography cases in San Diego County courts. We’ll work to protect your rights and reputation throughout the legal process.
But we also know that an accusation is not a conviction, and with the right defense strategy, there’s hope. If you are facing criminal charges related to child pornography, contact us today for a consultation.
Child Pornography Laws in California
Child pornography is primarily addressed under California Penal Code Section 311. This law criminalizes the possession, distribution, and production of material depicting sexual conduct involving minors under 18 years old. It’s a broad statute, and its interpretation can sometimes lead to charges in situations where no harm was intended.
Types of Child Pornography Offenses
Child pornography charges aren’t one-size-fits-all. Depending on the specific allegations, you might be facing:
Possession (California Penal Code 311.11)
Distribution (California Penal Code 311.1 and 311.2)
Production (California Penal Code 311.4)
Each of these charges carries its own set of elements that the prosecution must prove beyond a reasonable doubt. Understanding the nuances between these charges is crucial for building an effective defense strategy.
Federal vs. State Charges
It’s important to note that child pornography offenses can be prosecuted at both the state and federal level. Federal charges often come into play when the alleged crime involves interstate commerce or the internet. These cases are typically handled in federal court and can carry even more severe penalties.
Penalties for Child Pornography Charges in Chula Vista
The potential consequences of a child pornography conviction are severe. Depending on the specific charge and circumstances, you could be looking at:
Prison sentences ranging from 1 year to 8 years for a single offense, with potential enhancements for prior convictions or aggravating factors
These penalties don’t just affect your immediate freedom – they can impact every aspect of your life going forward. A conviction can result in:
Loss of professional licenses
Restrictions on where you can live and work
Damaged personal relationships
Difficulty finding housing or employment
Travel restrictions
The stakes are high, which is why it’s crucial to have a seasoned Chula Vista criminal defense attorney in your corner.
Common Defenses in Child Pornography Cases
While child pornography charges are serious, there are several potential defenses we can explore, depending on the specifics of your case:
Lack of knowledge or intent: You may have unknowingly downloaded or received the material.
Illegal search and seizure: If law enforcement violated your Fourth Amendment rights, we may be able to suppress key evidence.
Age of individuals in the material: Sometimes, it’s not clear that the individuals depicted are minors.
Entrapment: Law enforcement may have induced you to commit a crime you wouldn’t have otherwise committed.
Computer viruses or hacking: Malware or unauthorized access could have placed illegal material on your device without your knowledge.
Each case is unique, and we’ll thoroughly investigate every angle to build the strongest possible defense for you.
The Legal Process for Child Pornography Cases in Chula Vista
Understanding the road ahead can help alleviate some of the anxiety you’re feeling. Here’s a brief overview of what you can expect:
Investigation and Arrest: This is often where we first get involved, helping to navigate the initial stages and potentially arranging bail.
Arraignment: You’ll be formally charged, and we’ll enter a plea on your behalf.
Pretrial Motions: We may file motions to suppress evidence or dismiss charges based on legal technicalities.
Plea Bargaining: If appropriate, we’ll negotiate with the prosecution for a favorable plea deal.
Trial: If we can’t reach a satisfactory agreement, we’ll take your case to trial, presenting a robust defense before a jury.
Sentencing: If convicted, we’ll fight for the most lenient sentence possible, potentially including alternatives to incarceration.
Throughout this process, we’ll be by your side, explaining each step and ensuring you’re fully informed to make the best decisions for your future.
Related Sex Crimes We Defend in Chula Vista
While our focus here is on child pornography defense, we also handle a range of related sex crime charges, including:
Sexual exploitation of a minor
Indecent exposure
Sexting and revenge porn
Internet solicitation of minors
Each of these charges requires a unique approach, but our commitment to vigorous defense remains constant across all cases.
Why Choose David P. Shapiro Criminal Defense Attorneys
When you’re facing child pornography charges in Chula Vista, you need more than just a lawyer – you need a team that understands the local legal landscape and has a track record of success in these challenging cases.
Our firm brings years of experience defending against sex crime charges throughout San Diego County. We understand the nuances of California law, the tendencies of local prosecutors, and the most effective defense strategies for these sensitive cases.
But beyond our legal acumen, we offer something equally important – compassion and support. We know you’re going through one of the most difficult experiences of your life. That’s why we’re available 24/7 to answer your questions, address your concerns, and provide the guidance you need during this tumultuous time.
Our Approach to Child Pornography Defense
At David P. Shapiro Criminal Defense Attorneys, we don’t just defend cases – we defend people. Our approach is comprehensive, compassionate, and, above all, strategic. Here’s how we tackle these challenging cases:
Thorough case evaluation and investigation: We leave no stone unturned, meticulously reviewing every piece of evidence and exploring all possible angles of defense.
Building a strong, personalized defense strategy: We craft a defense tailored to your specific situation, leveraging our deep understanding of California law and local court procedures.
Negotiating with prosecutors: Our established relationships with local prosecutors in Chula Vista and San Diego County allow us to negotiate effectively, potentially leading to reduced charges or even dismissals.
Aggressive courtroom representation: If your case goes to trial, you can rest assured that you’ll have a fierce advocate by your side, challenging the prosecution’s narrative and presenting a compelling case for your innocence.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
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