Possession of Child Pornography Defense Attorneys in Los Angeles
Defense Attorney for Child Pornography Possession Charges in L.A.
If you have been arrested and charged with possession of child pornography, you are likely facing one of the most stressful and frightening periods of your life. You are innocent until proven guilty, but it likely won’t feel that way, even if you are completely innocent.
It is strongly advised that you exercise your right to remain silent, and your right to an attorney. If you spend time speaking with police you risk making matters worse, being misunderstood, or your words being twisted. Your sex crime defense lawyer is the person that stands between you and the full force of the criminal justice system. With the intense bias inherent in these cases, it is imperative that every possible legal action is taken to protect your right to fair treatment.
Federal Child Pornography Charges
In some cases, these charges are filed at the federal level. This occurs in cases in which it is alleged that images were transported across state borders. An image downloaded that originated in another state could lead to charges filed in federal court. Whether filed in state or federal court, Werksman Jackson & Quinn LLC can help.
Child Pornography and California Law – Penalties
The possession of child pornography is heavily penalized in California. If you are accused of possessing images, data, film, photos, slides, or any digital images of a child under age 18 engaged in or simulating sexual conduct, felony charges will be filed against you. Under the California Penal Code, the following penalties are imposed for these offenses: imposes the following penalties:
- “…shall be punished by imprisonment in the state prison, or a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.”
A second conviction for possession of child pornography carries even heavier penalties:
- “Every person who commits a violation of subdivision (a), and who has been previously convicted of a violation of this section, an offense requiring registration under the Sex Offender Registration Act, or an attempt to commit any of the above-mentioned offenses, is guilty of a felony and shall be punished by imprisonment in the state prison for two, four, or six years.”
If the accused individual possesses more than 600 images, or 10 or more images of a prepubescent minor or minor who has not yet attained 12 years of age carries the following penalties:
- “…shall be punished by imprisonment in the state prison for 16 months, or two or five years, or shall be punished by imprisonment in a county jail for up to one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment…”
Defending Child Pornography Possession Charges
If you are accused of this offense, you may be able to avoid conviction, based on the facts and evidence in your case. You can be confident that when you are represented by Werksman Jackson & Quinn LLP that your defense is in the hands of one of the most experienced defense attorneys in the state. Mark Werksman is a former Deputy District Attorney, and former Assistant U.S. Attorney with a breadth of understanding of the criminal justice system, from both sides.
Various defense strategies are possible in these cases, including:
- The prosecutor must prove that the defendant was aware that the individual in the pornographic content was a minor. If this cannot be established beyond a reasonable doubt, it could be an effective defense.
- Establishing other individuals also had access to the digital device or area where the pornographic material was discovered can raise reasonable doubt that the accused was the person in possession of the material.
- If law enforcement violated the constitutional rights of the accused by entering and searching property with a warrant, or without probable cause, it could lead to the evidence to be inadmissible.
These are just a few of the defense options that could be possible. The first, and most urgent issue is to ensure you have a defense attorney with experience, knowledge, and persuasive trial skills. The consequences of a conviction are severe and life-altering. You will face incarceration in state prison, and once released, will be forced to be registered as a sex offender, with your name, address, and the offense listed online, and easily found by any person with a digital device.
Why Choose Werksman Jackson & Quinn LLP?
The quality and experience of your defense lawyer plays a key role in what happens if you are accused of possession or distribution of child pornography. Our legal team understands that discretion and privacy are of ultimate importance. When our firm takes on defending such a case, you will gain the support of our entire legal team. The quality of your defense can make the difference between a conviction and being able to move on with your career and reputation intact.
Call (213) 688-0460 today for a free initial consultation.
Contact Werksman Jackson & Quinn LLP Today
Phone: (213) 688-0460 
Fax: (213) 624-1942
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges. - Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees. - Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.
