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Oakland Child Pornography Lawyer

When the finger is being pointed at you and you are being accused of child pornography, you need an advocate who will listen to your side of the story. Attorney Elliot Silver is that person. He understands that your entire life is on the line. Your family may be avoiding you, and you may be worried that you’ll lose your job. Silver Law Firm will stand beside you and help you deal with the criminal charges as well as the other consequences of child pornography accusations.

Being accused of possessing, creating, or distributing child pornography can have serious consequences. These charges can turn your life upside down even before you have an opportunity to defend yourself in court. The prosecution in your case will aggressively seek a tough sentence against you, and you will need to seek skilled legal counsel as soon as possible. An experienced child pornography lawyer will understand how these charges are affecting your life and will fight the accusations against you. Attorney Elliot Silver has spent years protecting clients who have been accused of serious crimes, and he understands what is necessary to defend you during this difficult time.

Contact Silver Law Firm today to speak with a skilled criminal defense lawyer about defending yourself against serious child pornography criminal charges. Call us at (510) 995-0000.

Child Pornography Laws in California

California law is very strict regarding criminal offenses that involve children. Child pornography charges are complex. They can also have a huge impact on your life as soon as you’re charged. California Penal Code (PC) 311 prohibits the following acts under the state’s child pornography laws:

  • Knowingly sending, transporting, producing, possessing, or duplicating child pornography with the intent to distribute. (PC 311.1 and 311.2)
  • Sexual exploitation of a child by knowingly developing, duplicating, printing, or exchanging child pornography. (PC 311.3)
  • Knowingly hiring, employing, using, persuading, or coercing a minor to participate in the production of child pornography. (PC 311.4)
  • Knowingly advertising obscene child pornography for sale or distribution. (PC 311.10)
  • Knowingly possessing or controlling child pornography that depicts a person under 18 years old. (PC 311.11)

Child Pornography Punishment in California

The punishment that you might receive for a conviction on child pornography charges will vary on many factors. Many of these violations are considered felonies that can result in years in prison. Some are considered “wobblers” which are crimes where you can be charged with either a misdemeanor or felony. In determining to charge a sex offense involving a minor as a felony or misdemeanor, the prosecutor considers factors such as your criminal history and the alleged harm done. The possible punishments for child pornography crimes are as follows:

Misdemeanor for first offense, felony for subsequent offenses:

  • Knowingly developing, duplicating, printing, or exchanging child pornography without the intent to distribute. This is punishable by up to one year in jail and a $2,000 fine, or up to three years in prison for subsequent offenses.

Wobblers that can be punishable by up to a year in jail if charged as a misdemeanor, or up to six years in prison if charged as a felony. Felony charges will follow for subsequent offenses:

  • Knowingly sending, transporting, producing, or possessing obscene child pornography with intent to distribute to anyone over 18 years of age.
  • Knowingly hiring or employing a minor to perform a sexual act for production of child pornography.
  • Knowingly advertising the sale or distribution of obscene child pornography.
  • Knowingly possessing or controlling any child pornography produced with the use of a person under 18 years of age.

Felonies which can be punishable by up to eight years in prison and a $10,000 fine include:

  • Knowingly sending, transporting, producing, or duplicating any obscene child pornography with the intent to distribute for commercial consideration.
  • Knowingly sending, transporting, producing, or duplicating any child pornography with intent to distribute to anyone under 18 years of age.
  • Knowingly promoting, employing, persuading, or coercing a minor or their parent to assist in preparation of child pornography for commercial purposes.

Defenses Against California’s Child Pornography Law

You will want to consult with your child pornography attorney as soon as possible in order to begin working on your defense. While your situation may seem hopeless, there are many ways in which you and your attorney can fight your case and defeat the charges against you. It is important to remember that you do not have to prove your innocence, but rather it is the prosecutor who must prove every element of the crime beyond a reasonable doubt to find you guilty. Some of the arguments that might be used in your defense are.

Some of the arguments that might be used in your defense include:

  • You had no knowledge that you possessed or transported child pornography. Knowledge and intent are core elements of child pornography crimes, and it is possible that you unknowingly possessed or handled this content.
  • The police gathered evidence against you in an illegal search or seizure. In this case, the evidence seized will be suppressed, or “thrown out.”
  • You have been falsely accused. It is possible that someone accused you in order to harm your reputation.
  • The content in your possession is not actually child pornography.

An Oakland Defense Lawyer Can Help You

Attorney Elliot Silver has spent years persistently fighting for clients in similar situations, and he understands what you’re going through. If you are facing any type of child pornography charges, contact Silver Law Firm as soon as possible.

To speak with an experienced Oakland defense lawyer, call our office today at (510) 995-0000.