Miami Child Pornography Defense Attorney
Defending You against Federal Crime Charges
At The Law Offices of Joel DeFabio, we fight to defend the rights of the accused. If you are being investigated or have been charged with a federal crime involving child pornography, your future is at stake. The most important thing you can do for yourself at this time is to schedule a free consultation with an experienced, aggressive lawyer who can help you avoid a conviction. Our firm offers decades of experience to help each client obtain the best possible outcome for their situation.
If you are convicted of a sex crime, the consequences can be devastating. Along with possible fines and prison sentencing, you would also have to live with the major social stigma of being a convicted sex offender. Don't allow this to happen to you.
Laws Surrounding These Charges
Under certain circumstances, child pornography crimes may fall under the jurisdiction of local or state law enforcement and be prosecuted by the Miami-Dade Office of the State Attorney. When the crime involves any type of interstate commerce, however, it is normally prosecuted as a federal offense by the United States Attorney.
Given that most child pornography is obtained and distributed over the internet, this category of offense is usually charged as a federal crime.
There are several federal statutes covering the topic of child pornography, including:
- 18 U.S.C. § 2251 - Sexual exploitation of children (production of child pornography)
- 18 U.S.C. § 2251A - Selling and buying of children
- 18 U.S.C. § 2252 - Certain activities relating to material involving the sexual exploitation of minors (possession, distribution, and receipt of child pornography)
- 18 U.S.C. § 2252A - Certain activities relating to material constituting or containing child pornography
- 18 U.S.C. § 2260 - Production of sexually explicit depictions of a minor for importation into the United States
The penalties for a child pornography offense are harsh. For example, possession of child pornography is punishable by up to 10 years in federal prison for a first offense, while production of child porn carries a possible sentence of between 15 and 30 years in prison. Penalties can be increased if the child is a prepubescent minor or if the images depict some type of sadistic or violent behavior.
Child Pornography Defense Strategies
There are, fortunately, strategies that can be used in defense of child pornography charges. You may be able to argue that you did not know that the individuals depicted in the images were under the age of 18.
The Law Offices of Joel DeFabio may be able to clear your name by raising reasonable doubt as to:
- Whether you were actually the person who used the computer to distribute or acquire the images
- That you may have inadvertently downloaded images
- That you were the victim of a computer virus that caused the files to be downloaded
In some cases, the strategy is to have the charges dropped by demonstrating that the defendant's Fourth Amendment right against unreasonable search and seizure was violated by a search of your home without a proper warrant. You need an experienced Miami child pornography defense lawyer on your side. The Law Offices of Joel DeFabio can help.
Find out more about the strategies that may apply in your situation by contacting us now for a free case evaluation.
Aggravated Identity Theft CHARGES DISMISSED
Assault of a Federal Officer CHARGES DISMISSED
Conspiracy NOT GUILTY
Conspiracy to Commit Bank Fraud CHARGES DISMISSED
Conspiracy to Commit Fraud NO JAIL
Conspiracy to Commit Terrorism NOT GUILTY
Conspiracy to Defraud the U.S. Government NO JAIL
Conspiracy to Defraud the U.S.; False Statements NO JAIL
Conspiracy to Distribute Cocaine NO JAIL
Conspiracy to Import Cocaine CHARGES DISMISSED
Nearly 40 Years of Experience
More Than 600 Federal Cases Defended
More Than 50 Federal Jury Trials Handled
One of Miami's Most Respected Defense Attorneys
Honest Appraisal of Your Case - "No Surprises"