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An Oklahoma child pornography defense attorney represents individuals facing charges related to the possession, distribution, or production of child pornography. Child pornography offenses are serious sex crimes under Oklahoma law, often involving complex digital evidence and severe legal penalties. A child pornography defense attorney possesses in-depth knowledge of Oklahoma's sex crime statutes, digital forensic analysis, and criminal court procedures. These defense attorneys safeguard their clients' rights by thoroughly evaluating the charges, scrutinizing the evidence and circumstances surrounding the alleged offense, providing legal counsel, formulating a robust defense strategy, negotiating potential plea deals or reduced charges, and vigorously representing the client in court.
When hiring a child pornography defense attorney, it is crucial to research qualified candidates, schedule an initial consultation, assess the attorney's expertise and experience in handling sex crime cases, verify their credentials, and finalize a legal agreement with the selected attorney. At the Law Offices of Adam R. Banner, we are dedicated to providing a strong defense for clients facing child pornography charges, leveraging our extensive experience and legal acumen to achieve the best possible outcomes.
Our attorneys are adept at focusing in on ways to help our clients focus on mitigating their situation if and when they are caught possessing or distributing child pornography. We have a tried and true method for supporting the accused as they begin to move past their addiction. At times, this treatment aspect can help inform a prosecutor or judge as to the individuals’ merits and desire to change.
Not every person charged with possession or distribution of obscene materials or other internet sex crimes is guilty, though. Our attorneys have experience and success trying child pornography-related cases. We have also achieved dismissals before trial by pushing the pace of the case and forcing the issue if and when we find a crack in the prosecution’s theory. Make sure any attorney you hire can say the same.
Child pornography laws make the possession, distribution, or manufacturing of sexually explicit images of minors illegal. A person convicted of violating child pornography laws faces years in prison as well as mandatory compliance with the Oklahoma Sex Offender Registration Act. It is highly advised that you seek counsel with a child pornography lawyer for violations of pornography laws.
Possession of child pornography charges are divided into two tiers. The first tier is reserved for those individuals who are charged with possessing up to 99 images of child pornography. Videos count against this number at a more significant rate than mere individual pictures alone.
Punishment for simple possession of child pornography is up to twenty years incarcerating in prison and a fine of up to $25,000.00. It can be argued this is the same penalty range for anyone charged with manufacturing child pornography or distributing child pornography; however, there is another statute that seems to state that manufacturing, distributing, and downloading child pornography or other obscene materials is only punishable by imprisonment for not less than thirty days nor more than ten years.
When dealing with the charging dilemma involved with distributing obscene materials, the prosecution will likely have a great deal of discretion as to which crime it alleges against the defendant in a criminal charging Information. A skilled attorney can make arguments for a lesser sentence, but a judge’s decision will ultimately decide how much time someone will face for distribution of child pornography.
Yes, possession of child pornography is considered a sex crime in the state of Oklahoma. Those charged with possessing, distributing, producing, or viewing sexually explicit material involving minors should immediately contact a sex crime defense lawyer. This offense is classified as a serious felony and is subject to severe legal penalties, including lengthy prison sentences and mandatory registration as a sex offender.
The second tier relates to individuals who possess 100 or more separate materials containing child pornography. As one can imagine, the potential penalty rises exponentially based on the amount of obscene material someone possesses. This second tier is known as aggravated possession of child pornography. Aggravated possession of child pornography is punishable by a sentence of up to life imprisonment and a fine of up to $10,000.00.
Consequently, the number of images or videos needs to be made certain by the defense attorney handling your case. Moreover, its important for the attorney to also know the relevant case law which discusses how images and videos are calculated. Not every attorney handles every type of case, and the potential consequences of a sex crimes conviction necessitate hiring counsel who is up to date with all developments in the areas of law they handle.
Individuals can be criminally prosecuted for each device they possess which contains child pornography. Regardless whether it is a phone, computer, flash drive, or even a gaming system, if it can store data — and if it stores child pornography — then it can lead to charges. Government agents are remarkably adept at searching and discovering images and videos located on digital storage devices. However, there are specific procedures and protocols that law enforcement must follow when they extract information. If those procedures are not followed, there may be issues the defense can exploit.
Moreover, one can even face child-pornography-related charges for failure to report the discovery of such images or materials. This crime is punishable as a misdemeanor and carries a maximum sentence of one year in county jail. The statute reads as though criminal liability for this omission would only attach to individuals who come across the suspect images or footage within the course of their professional work. However, everyday people could also face potential liability if they were to stumble across any such obscene material.
In our justice system everyone is innocent until proven guilty. If you or someone you love are facing charges you need to hire an experienced sex crimes lawyer from the Law Offices of Adam R. Banner immediately.
