Any criminal charge related to child pornography could have extremely serious consequences, both in terms of public opinion and criminal penalties. Even an unproven accusation can have a lifelong impact on your personal life, family, and job prospects. If you are facing an allegation for child pornography, schedule a consultation with a Birmingham federal child pornography lawyer.
During the conviction process, an individual may have to serve a lengthy prison term, including paying some very substantial fines. They may be required to register as a sex offender for the rest of their life, and may also be subject to neighborhood notification requirements. However, a skilled federal defense attorney could help a person examine potential legal options.
Additional Potential ConsequencesSome accused individuals may have to submit to supervision and electronic monitoring. Even after successful completion of parole, their right to vote or legal use of a firearm may be restricted or completely taken away.
There could be criminal and civil forfeiture of any property or money that the government thinks is linked to child pornography. Curbs may be placed on where they work, live, or spend their leisure time.
These are all apart from the social stigma often attached to a conviction from a child pornography charge. All of these elements may have a catastrophic effect on the individual’s life. Child pornography charges may cause a marriage to break up, destroy a career, or waste decades of a person’s life.
An experienced Birmingham federal child pornographic attorney could provide a thorough and aggressive defense if you are facing these charges. Charges of greater magnitude and charges that have to do with Internet activities are usually classified as federal crimes. However, a seasoned criminal defense lawyer may be able to assist in refuting such damaging accusations.
Child Pornography on the InternetIf an individual’s behavior that is being charged under child pornography laws occurred on the Internet, occurred on Native American land or the sea or involved crossing national or state borders, federal child pornography charges could be filed. Also, it is not necessary to leave the state to be charged with a federal crime involving child pornography. It is often sufficient if the image has crossed state lines through the computer. Consult with a knowledgeable federal child pornography lawyer in Birmingham to learn more about how the laws concerning child pornography on the Internet.
Possible Defenses to the Federal Charges of Child PornographyThe most important defense to the federal charges of child pornography could be that the defendant was unaware that what they were accessing or downloading from the Internet was child pornography, and the receipt of possession of such material occurred accidentally. Possession of adult pornography is permissible under the law. Therefore, individuals could sometimes unintentionally access child pornographic material, or they could be downloading a TV show or a movie from a file sharing site and mistakenly receive heinous and illegal material.
In this kind of a situation, the best defense may be that the elements of the crime have not been met as there might be an absence of the necessary state of mind to perform criminal activity. Furthermore, a defendant charged with the crime of child pornography might argue that even though the incriminating material was on their computer, they did not download it. For example, if a computer device has multiple users (like in an office setting), the illegal material could be downloaded by one party, but wrongly attributed to another. After assessing the facts of the case, a Birmingham child pornography lawyer could determine which defense strategy would be most effective.
Consult With a Birmingham Child Pornography Defense AttorneyIf you have been charged with a child pornography crime, you may benefit from speaking with a Birmingham federal child pornography lawyer immediately. A qualified defense attorney could look for the weak points in the prosecution’s case. If there is a serious mistake, it could support a person’s defense.