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Columbus Child Pornography Lawyer

Have you Been Accused of Child Pornography in Ohio? Call LHA Right Away. Free Consults: (614) 500-3836.

Child pornography is one of the most severe Ohio sex crimes. There are different types of child pornography charges that you could face, each carrying steep penalties. Even the allegation of a child pornography crime has a disastrous impact on your life, career, and reputation.

Your best chance of clearing your name is to hire an aggressive Columbus child pornography lawyer. Our defense lawyers successfully defend clients with customized strategies for the best possible outcome. If you are facing child pornography charges, contact Luftman, Heck & Associates right away.

Call (614) 500-3836 for a free and confidential consultation.

What to Expect if Arrested on Child Porn Charges

There are several ways that people find themselves arrested for a child pornography crime. One of the most common is a police sting operation aimed at pedophiles. These undercover operations take several different forms, including scenarios in which police:

  • Create websites that they claim offer child porn
  • Engage with pedophiles in chat rooms
  • Pose as buyers of child porn

Their goal is to arrest individuals who buy or sell child pornography online. While we respect our Columbus police officers, it is not unusual for law enforcement to accuse innocent people of child porn crimes.

Don’t Self-Incriminate: Remain Silent and Ask for a Lawyer

Few criminal charges are as damaging to your reputation and freedom as child pornography crimes. That is why it is critical to do two things if you are arrested in a police sting operation or under other circumstances:

  • Do not resist arrest.
  • Remain silent except when you ask to call a lawyer.

Your Miranda rights give you the right to remain silent. We cannot stress enough how important it is for you to say nothing to the arresting officer or a detective. Everything that you say can and will be used against you by prosecutors. Wait until your attorney is present before you answer any questions.

Preliminary Hearing and Bail

A child pornography defense attorney with Luftman, Heck & Associates will be with you at each stage. You will have a preliminary hearing before a judge. Your attorney can seek bail or ask that you be released on your recognizance. The odds of receiving bail are better if you have a clean criminal record and are not a flight risk.

You can discuss your plea options: guilty, not guilty, or no contest. It is usually in your best interest to plead not guilty to have a jury trial. Your lawyer will help you understand the charges against you and how you can help with your defense.

Child Porn Criminal Penalty Factors

You already know that the consequences of a child porn conviction in Columbus are going to be severe. Several different factors affect your penalties, including:

  • Your prior criminal record
  • The number of child porn images
  • Whether this is a pattern of sexual exploitation of a child
  • If you distributed or shared child porn images
  • If a computer was used
  • The age of the victims

Possible Sentences for Child Pornography Crimes

All child pornography charges are felonies, per Ohio Revised Code Section 2907.321-322. Depending on your crimes, your sentence could be:

  • Second-degree felony: Up to eight years in prison with a maximum $15,000 fine
  • Third-degree felony: Up to five years in prison with a maximum $10,000 fine
  • Fourth-degree felony: Up to 18 months in prison with a maximum $5,000 fine

Ohio law requires a mandatory minimum sex offender register of fifteen years for Tier 1 offenders. Tier 3 offenders will be required to remain on the sex offender registry for the rest of their lives. Being a registered sex offender is a barrier to your personal, professional, academic, and social ambitions.

Federal Child Pornography Charges

The United States government has broad jurisdiction for child pornography charges since pornography can be transferred from state to state in various ways, which means you can face federal charges.

According to the Department of Justice, the production, distribution, or possession of child pornography is a federal crime if it occurred in interstate or foreign commerce. The materials involved do not have to cross state lines because there can be federal jurisdiction even if the material used to store the image had been involved in interstate commerce.

Federal Child Pornography Penalties

The possible penalties for federal child pornography charges include:

  • Production of Child Pornography: Mandatory minimum 15-year sentence and maximum of 30 years for first-time offenders. Repeat offenders face a 25-year mandatory minimum and a maximum of 50 years to life.
  • Distribution and Sale of Child Pornography: Mandatory minimum sentence of 5 years and maximum of 20. Repeat offenders face mandatory minimums of 15 years and a maximum of 40 years.
  • Possession of Child Pornography: Up to 10 years in prison. If any image or material involved a minor under the age of 12, the maximum sentence increases to 20 years.

Columbus Child Pornography Defenses

You need a child porn attorney in Columbus who is prepared to defend your case aggressively. There are multiple defenses relating to child porn charges, including:

  • Procedural errors related to your arrest or booking
  • Evidentiary defenses if police conducted an illegal search for pornographic materials
  • Unintentional possession if lewd images were on a shared device that others use, or if your computer was hacked or attacked by malware
  • Photos do not meet the standard of child pornography (for example, they are anthropologic)
  • Entrapment by police officers

The prosecution must prove that you are guilty of these alleged crimes beyond a reasonable doubt. A criminal defense lawyer will seek to suppress damaging evidence, question the validity of the case, and perhaps offer counter-evidence and testimony.

Plea Bargain to a Lesser Charge

Child pornography charges are felonies. However, there are degrees of severity for felony crimes. Your lawyer may be able to make a deal for you to plead guilty to a lesser charge. Although you likely would still go to prison, you could get a lighter sentence.

There are pros and cons to accepting a plea deal for child porn crimes. A Columbus attorney who understands these cases can help you make an informed decision.

Additional Sex Crimes

In addition to these previously mentioned child porn crimes, there are other sex crimes that you could also be facing depending on the details of your case. Some of these might include:

  • Online solicitation of a minor
  • Child enticement
  • Sexual exploitation of a minor
  • Statutory rape

These are only a few of the various sex crimes you could face in addition to your child porn charges. A Columbus child pornography lawyer can examine the details of your case to determine what potential penalties you’re facing and how to prepare your legal defense.

Call a Child Porn Lawyer in Columbus Today

Were you arrested on child pornography charges? There is no time to waste. You deserve a vigorous defense to clear your name and help keep you from a lifetime of negative consequences. Get a Columbus child pornography lawyer on your side.

Call Luftman, Heck & Associates at (614) 500-3836 or contact form for a free, no-risk consultation about your case.

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