West University Place Sex Crimes Lawyer

Sex Crimes Lawyer for Those Charged with Child Pornography in West University Place

Cases involving child pornography in Texas are incredibly serious matters that can have life-altering consequences. These charges come with severe penalties, making it essential to mount an aggressive defense. An attorney at Bennett & Bennett who is trained in criminal defense and who has experience in cases involving alleged sex crimes can help you navigate the treacherous legal landscape surrounding these cases and defend your rights and your future.

Understanding Federal Laws and Penalties for Child Pornography Offenses

Child pornography cases may involve both state and federal laws, with federal laws usually bringing harsher penalties. The production, distribution, and possession of child pornography are all serious criminal offenses that have been defined in laws like the Child Pornography Prevention Act (CPPA). Convictions for these offenses carry severe penalties:

  • Possession - Possessing child pornography or accessing it through a computer or other device can result in a prison sentence ranging from five to 20 years. In cases where a person was convicted on child pornography charges or other sex crimes in the past, they may be sentenced to anywhere from 15 to 40 years in prison.
  • Court-imposed conditions - A person who is convicted may be subject to an extended period of probation after serving a prison sentence. The convicted person will also be required to register as a sex offender, which, in its own right, can be incredibly damaging to one's life and future.

These penalties underscore the gravity of child pornography charges and highlight why it is crucial to understand the legal nuances involved. Of course, no one expects a defendant to become a legal professional overnight. Luckily for those facing charges, a criminal defense attorney can protect your rights.

The Texas State Perspective

Teas state laws also impose stringent penalties for child pornography offenses. Under section 43.26 of the Texas Penal Code, possessing or promoting child pornography is a felony offense. Penalties can include:

  • Possession or viewing child pornography - This constitutes a third-degree felony with a sentence of two to 10 years in prison and fines as high as $10,000.
  • Promotion of child pornography - This constitutes a second-degree felony with a sentence of two to 20 years in prison and fines up to $10,000.

The state also has various other laws designed to protect children, and you could face multiple charges simultaneously, further complicating the defense process.

The Importance of an Experienced Lawyer When Facing Child Pornography Charges

Failing to hire an attorney when you have been charged with child pornography offenses charges is a recipe for disaster, almost certainly leading to a negative case outcome. Here is what a skilled attorney can bring to the table:

  • Knowledge of state and federal criminal law - A seasoned attorney understands both state and federal laws and can identify procedural errors, unlawful searches, and other potential defenses.
  • Defense strategies - Your lawyer can examine the evidence carefully, raising doubts about how the material was obtained or questioning the legality of any search warrants.
  • Negotiations - An attorney who is adept in criminal law can negotiate plea deals, potentially reducing charges or securing lighter prison sentences.

Defense Strategies

Effective defense strategies in child pornography cases may involve the following:

  • Refuting evidence - Aggressively questioning the validity and handling of the evidence is a key strategy. Evidence obtained unlawfully will likely not hold up in court.
  • Proving lack of awareness - It can also be crucial to demonstrate that you were unaware of the presence of such material on your computer or other devices. This could happen due to malware or unauthorized access by a third party.
  • Professional witnesses - Working with computer forensics professionals to analyze devices and present findings that could support the defense is another effective tactic.

Navigating the Court Process

The court procedures followed in child pornography cases can be extensive and emotionally taxing. From pre-trial motions and discovery to negotiations and, if necessary, trial preparation, each stage requires meticulous attention to detail and extensive legal knowledge. Your attorney will lead you through this process, ensuring every legal option is explored and every right is protected.

Contact Our West University Place, TX Child Pornography Defense Attorney

Child pornography charges and other sex crimes in Texas represent a significant legal challenge with severe penalties under state and federal law. Defending against these charges requires the knowledge and experience of a trained criminal defense attorney. If you are up against these grave charges, contact us at 713-224-1747 and get started by scheduling a confidential consultation.

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