Victorville Child Pornography Defense Attorney

What Is Child Pornography?

Possession of Child PornographyChild pornography is sexual depictions of a minor. It is a serious crime to create, share, advertise, or possess child pornography in Victorville. If convicted, you face heavy legal penalties and devastating personal consequences. You could also encounter federal charges for child pornography, especially if your case involved the internet, multiple states, or numerous victims. You don’t want your picture online next to a crime like this. 

People may judge you and even refuse to associate with you due to these allegations. However, our dedicated team is here to help you! We’ve created a judgment-free environment where you can tell your side of the story. We’ve helped numerous individuals blindsided by false child pornography accusations in Victorville. If you or a loved one are in a similar situation, consult with our sex crime attorneys immediately. Call us today at (877) 466-5245 for a free legal consultation! 

Victorville Child Pornography Charges

There are a variety of charges that you could face for child pornography in Victorville. Child pornography includes the following crimes under California Penal Code 311:

Child Pornography Penalties | Consequences of Conviction

Many people don’t understand that the prosecution can file a charge for each explicit image or video involving a minor. If convicted, the court can sentence you to decades behind bars depending on the allegations against you. Very few child pornography cases are misdemeanors. The prosecution files felony charges in the greatest majority of any sex crime case involving minors. So you should prepare to fight a felony conviction, which begins with hiring a skilled defense lawyer from Wallin & Klarich! We can help you fight a child pornography conviction and the resulting penalties.  

Penalties for Possession of Child Pornography

Misdemeanor 

  • One year in jail 
  • $2,500 fine

Felony 

  • Three years in prison
  • $10,000 fine 

Penalties for Distribution of Child Pornography 

Misdemeanor

  • One year in jail 
  • $2,000 fine

 Felony

  • Six years in prison 
  • $100,000 fine 

Penalties For Intent to Distribute Child Pornography to a Minor 

Misdemeanor

  • One year in jail
  • $1,000 fine

 Felony

  • Three years in prison 
  • $10,000 fine 

Sex Offender Registration

Child pornography carries mandatory sex offender registration in California. However, you may no longer have to register for the rest of your life. The court places you on the new tiered registry based on your criminal history and the circumstances of your case. Your tier determines how long registration is required. California sex offenders have to adhere to strict rules. They must report to local authorities within five days of moving and birthday. Failure to do so can result in a felony under PC 290, which carries three years in prison. 

Professional and Personal Consequences 

A child pornography conviction could define the rest of your life. Prison time won’t be easy for a convicted sex offender. Once you get out, you face sex offender registration, which alone has the potential to destroy your current and future relationships. Moreover, attempting to provide for yourself and a family is a struggle with a sex offense on your record. It’s difficult to rebuild everything a wrongful conviction steals from you. 

At Wallin & Klarich, we want to help you avoid all this. We understand how the battle you face. We’ll fight to protect your rights from beginning to end. With over 40 years of experience, we have refined our legal skills and knowledge, specializing in child pornography defense. If you’re concerned about the cost of hiring an attorney, you no longer have to worry. Wallin & Klarich offers payment plans to make hiring one of our knowledgeable lawyers affordable for you. Call us today to consult with our Victorville child pornography defense lawyers.

How We Can Help You | Defense Strategies For PC 311

With over 40 years of experience, we’ve helped many clients avoid wrongful convictions and years of prison time. Don’t give in to anyone pressuring you to plead guilty to child pornography. Let our skilled attorneys examine your case and determine the best possible legal routes for you. We’ll begin by listening to your story and gathering all the facts. Then, we’ll construct the best argument to present for negotiations with the prosecutor and during the trial. Our meticulous approach improves the likelihood of defeating child pornography charges. Below, you can learn more about the best defense strategies for child pornography in Victorville. 

Lack of Knowledge

The state must demonstrate that you knowingly possessed child pornography for a possession conviction. We can argue this defense in your case if you received or downloaded a file that you thought was something else. 

For example, you are on social media and click on a link that says you’ve won something. A file starts to download, and explicit pictures pop up. You delete the file and think all the images are gone, but your roommate comes across a file and reports you to the police a few months later. The police search your computer and find the images. 

Your Wallin & Klarich attorney will argue that your lack of knowledge justifies a dismissal. We can call experts who can testify about digital downloads and how easy it is to get a virus.

Age of the Minor 

If there’s no clear evidence of the alleged victim’s age, we can call this element of the crime into question. This defense is effective in cases involving unknown victims. In some cases, child pornography charges aren’t warranted because the person depicted is over 18. We’ll challenge the prosecution to present evidence of the victim’s actual age. With the right defense attorney, you may be able to get your child pornography case dismissed on these grounds. 

Unlawful Search & Seizure 

The US Constitution protects you from unlawful search and seizure in all states, including California. If the police barge into your home or workplace to search, they’re to have a legal warranty or probable cause. If they can not demonstrate probable cause or produce a valid warrant, we will ask the court to suppress evidence obtained from the search under California Penal Code 1538.5.

If successful, our motion could lead to a dismissal. You could walk away free to rebuild your life. If you believe law enforcement violated your rights, call Wallin & Klarich today! 

Lack Of Clear Possession 

The Victorville prosecutor must prove you knowingly owned or possessed the explicit images or videos.  For example, the police search your home and find videos of child pornography on your office computer. The computer is registered to you, but your share the home with a roommate who uses the computer.  

Your Wallin & Klarich attorney can argue that your roommate or visitors could have downloaded the images or videos. We could also bring in a digital expert to examine the evidence and testify on your behalf. This defense is most effective when evidence is found in a shared area or on a shared device. 

Our expert sex crime attorneys can build an effective defense based on the allegations against you. Call Wallin & Klarich today and get expert advice from a seasoned child pornography defense lawyer. 

Choosing A Top Defense Attorney | We’ll Fight For You

Wallin and KlarichWith so many defense lawyers competing for your attention, it’s easy to get overwhelmed or choose the wrong one. When you choose a sex crime attorney, you need to evaluate what they can do for you. Do they have experience and a solid track record? Are your best interests their priority? Don’t just take their word for it. Consider how they make you feel as well. Wallin & Klarich has years of experience fighting legal battles and working with clients accused of child pornography. It’s easy for us to articulate what we bring to the table that separates us from other defense firms. We are known for the following characteristics:

  1. Trusted Legal Advocates
  2. Exceptional Negotiators
  3. 40+ Years of Practice 
  4. Specialized Legal Expertise 

Trusted Legal Advocates | The Wallin & Klarich Difference 

You need to be able to trust your sex crime attorney. It’s bad enough you have to worry about the prosecution without having to wonder about your defense team. With Wallin & Klarich, you never have to question our loyalty. You’ll always receive one-on-one attention and genuine care when you visit our office. We are here for you when you need us, and we’re always prepared to fight for your best interests.

Exceptional Negotiators | 40+ Years of Success

You need a child pornography defense lawyer who understands the best way to negotiate inside and outside of court. We’ve honed our negotiation skills during our 40+ years of practice, and we continue to strive for excellence. Find out how our expert negotiators can help you defeat child pornography charges in Victorville, CA. Contact us today toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a local sex crimes defense attorney that you can trust! 

We’re here to help you!  

 

15437 Anacapa Road
Suite 12
Victorville, CA 92392
(760) 245-3045
(888) 749-0034
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