DEFENDING CRIMES INVOLVING CHILD PORNOGRAPHY
May 20, 2020
Among the most sensitive and heart-breaking crimes are those that involve child pornography. The alleged offender must face fierce public scrutiny, embarrassment, and the possibility of a conviction which can ruin their future on various levels. Furthermore, even if the defendant is cleared on all charges, they still have an uphill climb to restore their reputation in the community.
There is no question that child pornography is wrong and needs to be addressed with harsh penalties. However, what is equally vile is when an innocent man or woman goes to jail due to a zealous prosecutor or a police department that conducted a poor investigation. My law firm has defended innocent clients and will continue to do so to see that true justice is served.
Common Defenses Against a Child Pornography Charge
When a client comes to my law firm because they have been charged with a crime involving child pornography, in most cases, the charge is possession of child pornography. The alleged offender is either pleading innocent to the charge or looking for a solution to reduce a possible sentence.
If we take on the case, then my legal team goes to work to help the client in the following ways:
Investigate the case to establish the facts
Gather evidence of innocence
Build the case and develop a proper defense
Explore all legal options
Fight to get the best outcome for the client
All of this hinges around putting together a proper defense strategy against the charges. Some of the most common defenses against a child pornography charge include:
We may argue that the client was unaware that child pornography was in their possession or that they didn’t mean to have child pornography in their possession. The client may have child porn on their computer by some means other than their own.
Accidental possession differs from unintentional possession in that child pornography was downloaded to the computer through criminal or malicious intent from another party. In this case, the client may be oblivious to the presence of porn on their computer.
Illegal Search and Seizure
Police must follow protocol without violating a person’s fourth amendment constitutional rights before seizing any evidence of child pornography. This typically means that the police must adhere to the conditions of an approved warrant. Failure to follow protocol or violation of your rights can render the evidence inadmissible in court. The judge may also throw out the case.
Failure to Meet Child Porn Criteria
Arizona has clear legal definitions of what constitutes child porn. Any type of porn outside of the legal definition does not qualify as child porn. In addition, if the evidence in question is not intended for porn, the prosecution may fail to establish that a crime has been committed.
Psychological Addiction or Mental Disorder
Claiming insanity or a severe mental disorder may not provide an adequate defense against the charge. However, in cases where a disorder can be validated by a mental health professional, a judge may minimize the sentence and order that the defendant seek help from a treatment program.
Arizona Legal Representation for Child Pornography Charges
In Arizona, a child pornography conviction carries a wide range of severe penalties such as a minimum of ten years in prison, stiff fines, an extended probationary period, a criminal record, and a mandatory sex offender registration. Each penalty is served consecutively.
Therefore, if you believe that you have been falsely accused of a child porn crime, my law firm can help. I have successfully defended clients in cases similar here in Tucson. To find out more about your legal options, call the Law Office of Richard L. Lougee for a free case review with a sex crimes defense lawyer in Tucson, Arizona. I also serve Maricopa, Santa Cruze, and Cochise, Arizona.