Child pornography charges are extremely serious allegations. From possession of child pornography to the actual production of child porn, you are at risk for a very aggressive prosecution because the offense is both a New York State and Federal crime. The punishments for these crimes in New York can mean years, decades, or sometimes life in prison, especially if you have prior felony convictions. The federal government will often take cases involving high-profile defendants, cases with numerous images, or defendants with prior convictions, but they can legally take any child pornography case and impose sentences of up to 20 years. These cases are generally divided into two categories:
Possession: This is defined as the possession of images of a minor younger than 16 who is either engaging in sexual activity or what is defined as lewd exhibition. There are many different types of materials that fall under this law, including photographs, books, and movies.
Promoting: The second law deals with the promotion of illegal material, either by transmitting it online, selling it, offering it, trading it, or otherwise making it available. Most commonly, this promotion is done through email, the use of online bulletin boards, and other online venues.
Child pornography cases are among the most frightening charges a person can face. Often the allegations alone are enough to damage a person's life and reputation, causing the accused to lose employment, familial relationships, and their freedom. Should you be convicted of child pornography in New York, you may face consequences that are more difficult than jail time. You could be placed on probation for six to ten years and you may become a registered sex offender for life. In New York State, you can face sex offender registration even if you never touched anyone. There are three levels of sex offender classifications, and you could face some or all of the following restrictions:
- Where you can live
- Where you can work
- Whether you can leave the jurisdiction
- Whether you can visit a shopping mall, park, or museum
- Whether you can continue to live with your children
- Whether you can own a cell phone
- Whether you can own a computer
- Whether you can have photographs of children
- Whether you can drink alcohol
If you or a loved one is facing child pornography or internet crime charges, choosing the right attorney to defend your case is one of the most important - if not THE MOST IMPORTANT - decisions you will ever have to make. It is absolutely critical that you retain the services of a highly experienced, aggressive criminal defense attorney with a proven track record defending these sensitive cases.
Defending these types of cases takes experience, creativity, and the technical expertise to break apart the prosecution's investigation. Many of these cases involve peer-to-peer file sharing networks where material can be mistakenly downloaded or embedded within other files being downloaded and later traced to an IP address, an address, and sometimes a specific computer and individual.
At Nobles & DeCarolis, we know how law enforcement develops and prosecutes the cases and where the flaws and weak links hide, such as a faulty search warrant application, open internet connections, failing to put the defendant at the keyboard, and other cracks that can break open a case.
Our legal team includes forensic experts, private investigators with law enforcement backgrounds, and seasoned attorneys who are former prosecutors. We work closely with investigators, psychologists, psychiatrists, and impatient treatment facilities to give our clients as many options as possible in defending their case.