Ridgefield Child Pornography Lawyer
Child pornography cases are some of the most serious criminal allegations there are. A Ridgefield child pornography lawyer could work to explain the relevant laws, perform an independent investigation and identify any defenses that could help your specific case in court.
Is Possessing Child Pornography Illegal?
At the simplest level, it is illegal to possess any material that depicts a person under the age of 18 in a sexual manner. Under Connecticut General Statutes § 53a-196f, this is a class D felony where a conviction requires a court to sentence a person to no less than one year in prison with a maximum term of five years.
The more images in a person’s possession, the more serious the charges are. For example, the charge rises to a class C felony when an individual has between 20 and 50 separate images. In addition, class B felony charges are available when the number of images is above 50.
However, to secure a conviction, a prosecutor must prove more than just possession of the material. The statute says that a defendant must “knowingly possess” the images. This means that a defendant may be able to argue that they did not know that the image was of an underage person or that their computer was an unwilling carrier of these objects. A Ridgefield child pornography attorney could help to contest the idea of knowledgeable possession to protect the rights of defendants.
To learn more about child pornography arrests, click here.
Are There Any Defenses to The Charges?
Yes. There is always some sort of defense to be made in a criminal case. In a child pornography case, the first thing that the police generally look to see is if there were any constitutional violations. If the police did not seize the computer where images were found properly, the entire prosecution could be tainted.
Additionally, a defendant is allowed to put forth an affirmative defense, one that they bear the burden of proving at trial. A defense attorney could help you gather evidence pointing towards you not knowingly purchasing, soliciting, or otherwise obtaining the images in question. This could negate the charge and result in an acquittal.
Lastly, even if these defenses aren’t available, a defense attorney can still gather materials to present to the prosecution to mitigate against the charges and help you advocate for the most positive outcome possible.
A Ridgefield Child Pornography Attorney Could Help to Protect Your Future
If you have been charged with child pornography, a seasoned attorney may be able to help. Take a step towards protecting your future and reach out to a Ridgefield child pornography attorney immediately. Click here to go to Avvo.com, where there are hundreds of 5-star reviews about working with our firm, and then give us a call to learn more about your case.