Sex crimes are especially difficult criminal cases because even the mere accusation of such an offense can have severely detrimental effects on the accused. This is especially true if they have been charged with possession of child pornography or committing any type of sex offense, victimizing a minor. If you have been charged with possession of such materials, you need to consult a Tampa child pornography lawyer right away.
Experienced Defense Counsel for Child Pornography Charges in Tampa, FL
The Amarosa Law Firm, P.A., has extensive experience handling a wide range of difficult criminal cases on behalf of clients in Tampa and surrounding communities of Hillsborough County. We take time to learn as much as possible about each client we represent, addressing their individual needs as we develop their legal strategies.
Facing child pornography charges can be life-changing in many ways, and we can help you make sense of your defensive options. If you are preparing to enter the Hillsborough County Courthouse on East Twiggs Street, it is vital that you do so with the support of an experienced defense attorney.
In every criminal case, the prosecutor bringing charges against a defendant must prove the defendant is guilty of the charges beyond a reasonable doubt. This is a high standard of proof that requires the lawful collection of evidence and witness testimony, and it is the defense attorney’s job to prevent the prosecutor from meeting this burden of proof. Your Tampa child pornography lawyer can help you determine the most viable defenses available to you.
Understanding Child Pornography Charges in Tampa
The National Center for Missing and Exploited Children (NCMEC) regularly publishes reports concerning crimes against children, and there has been a notable uptick in child pornography cases arising from central Florida over the past several years. There were more than 4,000 reports of such offenses in central Florida in 2020, and this increased to nearly 6,000 in 2021.
Police have many methods for tracking child pornography cases throughout the Tampa area. Law enforcement regularly monitors many social media apps for signs of predatory activity, and sheriffs throughout many counties in Florida have cited 10 major social media apps as severe risks for minors, warning parents to carefully monitor their children’s social media usage.
While many child pornography cases arise from intentional possession and distribution of sexually explicit material depicting minors, it is also possible for these cases to manifest in other ways, sometimes leading to individuals facing criminal charges when they did not realize they were doing anything wrong.
An example would be a teenage couple privately sharing sexually explicit images of one another consensually. This would mean both parties have committed a serious felony. It is also possible for such materials to be transmitted over dating apps, and someone could receive such materials from another party who lied about their age.
Building Your Defense in Tampa
If you have been charged with any type of child pornography offense that you did not commit, you are in a very challenging situation that demands the attention of an experienced Tampa child pornography lawyer. A misdemeanor conviction could lead to jail time with the Hillsborough County Sheriff’s Office, while a felony conviction could mean incarceration in the Union Correctional Institution, formerly the Florida State Prison.
According to the United States Sentencing Commission (USSC), more than 45% of child pornography cases filed in the United States result in a conviction for possession, about 42% resulted in a conviction for trafficking these materials and 13% for receiving these materials.
It is important to understand that many of these cases involve multiple charges. For example, a defendant may be charged with receiving and possession, greatly increasing their potential penalties.
After an arrest for any type of child pornography offense, it is crucial to exercise your constitutional rights to remain silent and secure legal representation. The Fifth Amendment protects you from being compelled to act as a witness against yourself, so you have no obligation to answer questions from or make statements to the arresting officers. The Sixth Amendment ensures your right to legal representation, and you must find a defense lawyer right away.
Your Tampa child pornography lawyer can help you develop a robust defense using various forms of digital and physical evidence. You may need to prove that the materials did not belong to you or they were sent to you without your consent or knowledge of what they contained. This can be difficult to prove, especially if you did not report the receipt of such materials to the authorities right away.
Juvenile defendants will also need experienced defense counsel. If your child has been charged with any type of child pornography due to sexting with another minor, it is imperative that you speak with an experienced Tampa child pornography lawyer right away. Your defense attorney can potentially help your child avoid conviction if possible or, at the very least, mitigate the penalties they might face if they are convicted.
Understanding Plea Bargaining
In some criminal cases, prosecutors who are convinced their cases are strong enough to ensure convictions may offer plea deals to defendants. In exchange for the defendant entering an immediate guilty plea, the prosecutor may be willing to offer reduced charges and/or lighter sentencing. However, it is not a guarantee in every criminal case, and prosecutors may be unwilling to offer such deals in cases involving the exploitation of minors.
It is possible that if a case involves a member of any type of distribution network, prosecutors and law enforcement may offer plea deals in exchange for information that leads to the arrests of other members of such a network. Again, there is no guarantee that this could be an option for your case, but if it is, your Tampa child pornography lawyer can be your most valuable asset for reaching the optimal terms possible for such an agreement.
What to Expect From Your Tampa Child Pornography Lawyer
The right defense team can have a significant positive impact on the outcome of your criminal case. If you are convicted, you are not only likely to face felony penalties but also lifelong personal and professional complications. You may be forced to find a new job and a new place to live; you could also face restrictions when it comes to future employment, your ability to use the internet, and much more.
The Amarosa Law Firm, P.A., understands how destructive such a case can be for any defendant, even if they have been wrongly charged for a crime they did not commit or made a mistake as a teenager. Whatever your case entails, our firm can carefully develop a comprehensive legal strategy aimed at helping you reach the optimal outcome. Reach out to the Amarosa Law Firm, P.A., at your first opportunity to learn how we can help with your case.
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FAQs
Potential penalties for child pornography conviction in Tampa can include heavy fines, incarceration in state prison, and mandatory registration as a sex offender, possibly for life. The severity of the penalties assigned to the defendant will usually depend on the nature and volume of the explicit materials found in their possession and whether they committed any additional criminal offenses in addition to the possession of such material.
Sex offender registration in Florida is usually a lifetime requirement. The defendant convicted of a crime resulting in sex offender registration will need to register and regularly update their personal information with law enforcement. In some cases, a defendant may qualify to be removed from the registry after a certain number of years. However, they must have completed their original sentence, have committed no other crimes since, and meet other requirements.
Yes, it is possible for teenagers to be charged with child pornography in Florida. Older teens who are still under the age of 18 can face severe criminal penalties for sending sexually explicit photos or videos of themselves to others or for possessing explicit material depicting other minors in sexual situations. Sexting and similar online communications can potentially lead to felony charges, even for minors.
You should hire a Tampa child pornography lawyer because facing these allegations can be incredibly destructive to your personal and professional life. If you are convicted of any type of possession of child pornography, you face severe penalties, including heavy fines, jail time, and mandatory sex offender registration. If you have been wrongly charged with a crime you did not commit, you need an experienced attorney’s help to prove your innocence.
The cost to hire a Tampa child pornography lawyer usually depends on how much time the lawyer must spend working on the case. Defense attorneys typically use hourly billing, so the more time they spend on the case, the more the client pays in attorneys’ fees. Make sure you fully understand your attorney’s billing policy before you agree to their representation.
The team at the Amarosa Law Firm, P.A., can provide comprehensive defense counsel for your child pornography case in Tampa. Our team provides client-focused defense representation in the most challenging cases and will aggressively defend your rights in your upcoming case. Contact us today and schedule your case review with an experienced Tampa child pornography lawyer to learn how we can assist you.