Riverside Child Pornography Defense Attorney
What is Child Pornography?
Child pornography is defined as images, videos, data, computer files, or any other forms of media depicting a minor under the age of eighteen engaging in a sexual act. Under California Penal Code 311, it is a crime to create, possess, advertise, or distribute child pornography. If you’re being accused of child pornography in Riverside, you’re facing serious personal, professional, and legal consequences.
In fact, just accusations of a sex crime involving a child can damage your reputation and destroy your life. Our skilled defense attorneys at Wallin & Klarich have over 40 years of experience successfully defending clients charged with child pornography in Riverside, and we will help you fight to get your charges reduced or dismissed and save your freedom. Contact us today for your complimentary consultation.
Child Pornography Charges in Riverside
Child pornography is a broad term covering many specific instances of sexual acts against minors. If you’re accused of child pornography in Riverside, the prosecution can charge you with either a misdemeanor or a felony, depending on the details of your case. Under the subsections of California PC 311, the specific crimes involving child pornography are include:
- Possession of Child Pornography – Under PC 311.11, it’s illegal to knowingly possess or control child pornography involving a person under 18 years old.
- Distribution of Child Pornography – Under PC 311.1 and 311.2, it’s a crime to knowingly send, transport, produce, possess, or duplicate child pornography for the purpose of distribution.
- Sexual Exploitation of a Minor – Under PC 311.3, it’s prohibited to knowingly develop, duplicate, print, or exchange child pornography.
- Sending, Distributing or Producing Child Pornography – Under PC 311.4, it’s illegal to knowingly hire, employ, use, persuade, or coerce a minor to take part in the production of pornography.
- Advertising for the sale or distribution of child pornography – Under PC 311.10, it’s a crime to knowingly advertise child pornography for sale or distribution.
Penalties for Child Pornography| What You’re Facing
If you’re convicted of child pornography in Riverside, you can spend a long time behind bars. Your sentence depends on whether you’re convicted of a felony or misdemeanor. The prosecution can charge you with either, depending on the details of your case and your prior criminal history. However, in Riverside, child pornography is strongly pursued by the district attorney to be charged as a felony, in order to deter further acts. The legal penalties for child pornography can include the following:
Possession of Child Pornography
- Up to one year in county jail
- fine of up to $2,500.
- Up to 3 years in state prison
- a fine up to $10,000.
Distribution of Child Pornography
- Up to one year in county jail
- a fine of up to $2,000
- up to 6 years in prison
- up to $100,000 in fines
Your sentence depends on many factors, including prior convictions. If you’re convicted of intent to distribute child pornography to a minor (PC 311.2), you can be sentenced to jail for up to a year and a $1,000 fine. For felony intent to distribute, you face up to 3 years in state prison and a fine of $10,000.
If you’re convicted of any child pornography charge, annual registration as a sex offender is required. Not registering can result in a felony charge of failure to register and can result in up to 3 years in prison.
Professional and Personal Consequences
If you’re accused of child pornography in Riverside, it’s common to experience embarrassment, shame, and even anger. A conviction of this nature can cost you much more than fines and jail time. It can damage your close relationships with friends and family, interfere with your career, and make it difficult to build trust with others. If you’re seeking or holding a professional license, a child pornography conviction can disqualify you from licensure for teaching, medical, childcare, law, or government positions. To make matters worse, registered sex offenders face judgment from the public. With your life at stake, you do not want to face this alone.
At Wallin & Klarich, we understand it’s difficult to reach out for help in situations involving child pornography. For over 40 years, our skilled defense attorneys have successfully defended hundreds of clients facing accusations of child pornography in Riverside. We will take the time to handle your case with extreme diligence and attention. When you choose our law firm to represent your case, we will fight for your rights and help you clear your reputation.
Fight Back | Possible Defenses Against Child Pornography Charges
Being accused of child pornography can cause you to lose hope. However, with Wallin & Klarich at your side, you can expect positive results. Our defense attorneys are here to tell your side of the story. For over 40 years, we’ve represented clients charged with child pornography in Riverside and the surrounding area. Our experience has helped us construct solid defense strategies. Effective defenses for allegations of child pornography include but are not limited to:
Age of the Minor
The prosecutor must prove beyond a reasonable doubt that the minor was under 18 years. Our attorneys at Wallin and Klarich have successfully used this defense in child pornography cases to get charges reduced or dismissed for many of our previous clients. If the age of the alleged minor is questionable in your case, we may argue this defense on your behalf.
Unlawful Search & Seizure
Unlawful search and seizure happen very often. At Wallin & Klarich, we have over 40 years of experience arguing this defense in court with many successful results. If the police violated your constitutional rights by searching you or your property without a warrant or probable cause, we can present this defense to the judge. Under California Penal Code 1538.5, we can file a motion to suppress evidence. If granted, we can recover seized evidence or have it excluded from being presented against you in court. If you believe your rights were violated, contact Wallin & Klarich as soon as possible, so we can begin building a solid defense for you.
Entrapment is often a defense brought up in cases involving sting operations involving undercover police officers. If the undercover police officer tricked you into committing a child pornography crime, we will present evidence of entrapment by reviewing your conversation with the undercover police officer. Our defense will show that the crime was the officer’s idea, and you only committed this crime due to the officer encouraging or suggesting the illegal behavior. Entrapment is a violation of your rights, and when successful, this defense can result in the dismissal of your charges.
Lack Of Clear Possession
Clear possession of pornographic material is necessary for a conviction. In prior cases, we have successfully shown that our client was not the person in possession of child pornography. If other people had access to the area where the pornography was found, we can present this defense in court in your case. Some examples include a shared computer, television, or living area. The prosecution must prove beyond a reasonable doubt that you were in clear possession of the pornographic material, and the burden of certainty is often their downfall.
Hiring A Child Pornography Defense Attorney | How We Can Help You
When you’re facing serious charges, it’s extremely important to hire a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe four (4) key aspects separate an average attorney from the best defense attorney.
- Track record
- Ethos – Credibility
Wallin & Klarich | 40+ Years of Experience Defending Child Pornography Charges
With over 40 years of experience defending clients accused of child pornography, our attorneys at Wallin & Klarich understand the different strategies that work in the courtroom based on the details of each case. We are also familiar with the prosecutors, which gives us the advantage of knowing their strategies as well. Our real-world experience allows us to craft a strong defense, increasing your chance of success.
24/7 Communication With Your Attorney | The Wallin & Klarich Way
At Wallin & Klarich, communication and transparency are the foundation of our success. It’s easy for clients to get lost in all the paperwork and legality. We want you to know what’s happening with your case, so we keep communication open and honest, taking the time to listen and address your concerns. This is why so many people choose our attorneys when they’re facing accusations of child pornography. With 24/7 lines of communication and expert guidance throughout their legal journey, our clients are happier and more well-informed. Working together, we’re able to achieve the best results.
Let’s begin building the strongest defense for your case. Give us a call at (877) 4-NO-JAIL.
Track Record of Success | Wallin & Klarich History of Winning Cases
Anyone can say they’re successful, but tangible results speak for themselves. We want you to be just as confident in our abilities as we are, so we invite you to look at some of our client’s success stories and big wins in the courtroom.
Reputation & Ethos | Wallin & Klarich A Reputation You Want on Your Side
With hundreds of lawyers claiming to have extensive experience defending clients charged with child pornography in Riverside, it is challenging to choose the right law firm to defend you. For more than 40 years, we’ve defended cases involving child pornography, and many of our cases have been featured on television, in newspapers, and throughout the internet. Check out some of our most notable cases below.