Child pornography criminal charges are incredibly serious. The issue of child porn is a very sensitive subject, which must be handled carefully by a highly trained and experienced Riverside child porn criminal defense attorney. If you, or somebody you love, is facing child porn criminal charges, having criminal defense attorney John L. Michels in your corner can help you increase the chances of getting criminal charges reduced or dropped altogether. John L. Michels and his team can help you avoid severe penalties, including jail time, and stay in work or school.
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Child Porn Misdemeanor vs. Felony
If you’re facing child porn misdemeanor or felony charges, the first step to take is to hire a Riverside child porn criminal defense lawyer. Child pornography is illegal in the state of California. This charge is classed as a ‘wobbler,’ which means that it can be either a misdemeanor or a felony. The severity of the charge will depend on the material in question, the defendant’s criminal history and the actions of the defendant once they viewed or accessed pornographic material.
Is child porn a felony or misdemeanor?
Child porn can be a felony or misdemeanor in California. The California Penal Code 311 deals with child pornography crimes. Felony charges are usually granted when the material is deemed ‘obscene,’ and in cases where the individual tried to trade child porn commercially or share it with under 18s. In the case of ‘wobbler’ offenses, the judge will decide whether the crime is a felony or a misdemeanor. If you are facing felony child porn charges, the best case scenario is to get felony charges reduced to misdemeanor charges.
Why Would I Need a Misdemeanor Child Abuse Lawyer?
Child pornography is illegal and there are stringent penalties for those who break the law. Child pornography covers all images, video content and data that show anyone under the age of 18 engaged in sexual acts. If you’ve been accused of creating, accessing or sharing child porn, it’s essential to contact a top child abuse attorney.
What is misdemeanor child porn?
A judge or prosecutor will consider various factors when deciding whether to charge you with a misdemeanor or felony child porn charge. These include:
- The severity of the offense
- The nature of the material
- The presence or lack of ‘obscene’ material
- Your criminal history
- Your actions: The most important factors include whether you tried to profit commercially from child porn or show or share materials with under 18s
The penalties for misdemeanor child porn include:
- Up to 1 year in jail
- Fines up to $2500
Hiring a Felony Child Porn Lawyer
If you’re facing felony charges, hiring the best child porn lawyer can help to increase the chances of getting your charges reduced. Felonies are more severe than misdemeanors and they carry tougher penalties.
What is felony child porn?
A judge may categorize child porn crimes as felonies if you have a history of criminal offenses, you knowingly owned, created, shared or distributed ‘obscene’ content, you attempted to profit from child porn, or you showed illegal materials to minors. Penalties for felony child pornography include:
- Up to 8 years in prison
- Fines up to $100,000
How to Get a Child Porn Charge Dropped
Child pornography is illegal, but not everyone who accesses or shares child porn may realize what they’re doing. As smartphones and online communications become more common, lawyers are experiencing an increase in the number of people who are running into trouble due to unwittingly viewing or sharing pornographic material. Examples include opening emails that download child porn to your device, viewing text messages from unknown senders and unknowingly distributing child porn, and visiting websites that happen to have illegal pornographic material, which is then downloaded to your phone. Once these things happen, your service provider will report you to law enforcement.
It’s important to understand that if you’re facing charges without any intent to view, share or distribute child porn, there is help available. Experienced criminal defense attorneys understand the complexities and sensitivities of child porn charges and the necessity to establish the facts and gather solid, credible evidence.
One of the key factors to consider when discussing child porn charges is whether you knew that you were breaking the law. If you didn’t knowingly access, download or share illegal materials, your defense team will work to get your charge reduced or dropped altogether. You may also be able to fight possession charges if you didn’t realize that under 18s were involved, you entered an incorrect search term, you were a victim of a scam or malware, or you clicked on a link by mistake. Hiring the best criminal defense attorney in Riverside can maximize your chances of successfully fighting possession of child porn charges.
Conclusion
If you’re facing child porn charges, it’s understandable to be worried and anxious. Child pornography is illegal but there are many instances when charges may be reduced or thrown out altogether. If you need help or advice, contact Riverside’s top criminal defense attorney, John L. Michels, today.
John L. Michels has over two decades of experience in fighting cases and helping clients to get charges reduced or dropped. Having worked as a prosecutor, he has strong relationships with current prosecutors and is familiar with the courthouses in Riverside, Temecula, Murrieta, Banning and Indio.
