Miami Federal Crime Attorney
2420 Coral Way, Miami, FL 33145 305.290.2109
Formidable Defense for Federal Charges Fight for Your Future with Joel DeFabio, Esq.

Miami Child Pornography Defense Attorney

Defending You Against Federal Child Porn Charges in Miami

At Joel DeFabio, PA, 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. Failure to take action now could leave you exposed to harsh criminal penalties including:

  • Steep fines
  • Time in prison
  • Lengthy probation

You would also have to face a future of living with the major social stigma of being a convicted felon, and would even be required in all likelihood to register as a sex offender. Don't allow this to happen to you. Let a Miami federal crime attorney from our firm fight to defend your rights and your freedom.

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 distributed and obtained 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 in cases in which there are aggravating factors, such as:

  • If the child is a prepubescent minor
  • When 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. To begin with, it may be possible to argue that you did not know that the individuals depicted in the images were under the age of 18 years.

Similarly, your child pornography defense attorney might 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, or 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.

Find out more about the strategies that may apply in your situation by contacting us now for a free case evaluation.

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  1. Over 35 years of Experience
  2. Shaped the South Florida Criminal Justice System
  3. Winner of the Rodney Thaxton "Against All Odds" Award
  4. Defended Over 300 Federal Cases
  5. Most Effective Lawyer Nominee in 2008
  6. Has Earned 25 Distinguished Awards
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