The accusations alone can profoundly impact your personal and professional life. That's why it's crucial to have a skilled child pornography attorney by your side. Our San Jose defense team has a deep understanding of California's child pornography laws and the legal system. We strive to provide a defense strategy tailored to the specifics of your case, ensuring you receive fair treatment under the law.
Our approach involves:
Our Santa Clara County child pornography lawyers know how law enforcement officers operate and the tactics they use, which allows us to craft defense strategies. We want the best outcome for your child pornography possession case. With Summit Defense, you have a team of super lawyers who fight tirelessly on your behalf.
Child pornography laws in California are stringent. They are designed to protect minors from exploitation. Under California law, it is illegal to possess, produce, distribute, or access child pornography. This includes any material that shows a minor engaging in sexual intercourse. This also covers children simulating sexual conduct or sexual assault. Violations of these laws carry severe penalties. The courts take them very seriously.
In addition, California Penal Code sections 311.1, 311.2, 311.3, and 311.4 specifically outline the offenses related to child pornography. These statutes detail the possession, distribution, and production of child pornography. We have a detailed understanding of these statutes and how they apply to your case.
Federal laws add another layer of complexity to child pornography cases. These laws are generally more severe than state laws. They can lead to federal charges for offenses involving the transportation or distribution of child pornography across state lines or via the Internet. The federal government has dedicated significant resources to tracking and prosecuting these crimes.
Federal sentencing guidelines for child pornography offenses are strict. They often result in lengthy prison sentences, hefty fines, and required registration as a sex offender. This underscores the federal government's stance on combating the exploitation of minors. It's essential for anyone facing charges to understand both the state and federal legal landscapes.
The penalties for a child pornography conviction in California vary based on the specifics of the case. These include the amount of material involved and the defendant's criminal history. However, convictions can lead to years in prison, substantial fines, and mandatory registration as a sex offender in Santa Clara County.
Most of the statutes above are either wobblers or felonies. Wobblers can be charged either as a misdemeanor or a felony. PC 311.1 and 311.2 focus more on sending, transporting, possessing, and duplicating child pornography. 311.3 focuses more on developing or printing child pornography. PC 311.4 focuses more on employing, using, or coercing children to engage in child pornography.
While the specifics vary, misdemeanor child pornography convictions lead to a maximum of one year in jail. Most felony convictions result in three years in prison.
Federal convictions can result in even harsher penalties. These include longer prison terms and higher fines. These details create a framework for determining the severity of the punishment based on various factors. They include the nature of the material and the manner of its distribution. These guidelines ensure that those convicted of child pornography offenses face significant consequences.
The impact of a child pornography conviction extends well beyond the legal penalties. Being labeled a sex offender can crush your reputation, making it challenging to maintain relationships, find housing, or secure employment. The social stigma is immense and can lead to isolation and discrimination.
Professionally, the consequences are just as severe. Many careers are off-limits to those with a sex crime conviction, and the requirement to register as sex offender can close many more doors. The loss of professional licenses and certifications is also common, further limiting your opportunities for employment and advancement.
Negotiating with the Santa Clara County District Attorney’s Office is an essential aspect of defending against child pornography charges. We leverage our understanding of the law and the specifics of your case to negotiate the best possible outcome. This can involve reducing charges or arguing for alternative sentencing options that reflect the circumstances of your case.
A successful negotiation requires a thorough analysis of the evidence and a strong legal strategy. Our experience and knowledge of both state and federal laws enable us to advocate effectively on your behalf. In some cases, we can negotiate terms that significantly minimize the impact of the charges on your life.
Considering whether to accept a plea bargain is a complex choice that depends on many factors. A plea bargain can offer a more predictable outcome and potentially less severe penalties than a trial verdict. However, it also requires you to plead guilty to certain charges.
We help you understand the implications of a plea bargain, including how it will affect your record and future. We aim to ensure that your decisions are informed and in your best interest. We weigh the strengths and weaknesses of your case to advise whether a plea bargain is a wise choice.
Taking your case to trial involves presenting your defense before a judge or jury at the Santa Clara County Superior Court. This requires careful preparation and a strong legal strategy. It allows you to fight for an acquittal and clear your name. However, trials are unpredictable and can result in harsher penalties if convicted.
We prepare meticulously for the trial. Our San Jose sex crime lawyer crafts a strong defense that challenges the prosecution's evidence and argues for your innocence. Our decision to go to trial is based on a strategic evaluation of your case, the evidence, and the potential outcomes.
Achieving a case dismissal is the best possible outcome for child pornography charges. It involves convincing the court that there are insufficient grounds to proceed with the charges. This could be due to procedural errors, a lack of evidence, or violations of your rights.
We thoroughly investigate the circumstances of your case to identify any grounds for dismissal. This might include challenging the legality of the evidence or the conduct of the investigation. We aim to secure a dismissal and avoid needing a trial altogether.
At Summit Defense, we understand the sensitivity of your case. We know the complexity of mounting a sex crimes defense against child pornography charges. Our approach is both compassionate and strategic. We ensure that your case is handled with the utmost care and professionalism. We prioritize your privacy and dignity during this time. Yet, we aggressively pursue the best possible legal outcome.
Our child pornography attorney is skilled in the courtroom. However, we are also experienced in navigating the emotional and social challenges accompanying these criminal charges. We are here to support you and your family through every step of the legal process. We offer guidance, understanding, and expert defense.
Under California Penal Code 311, child pornography includes any material that depicts minors engaging in or simulating sexual conduct. Possessing, distributing, or producing such content is illegal and carries severe penalties.
Penalties depend on whether the charge is filed as a misdemeanor or felony under California Penal Code sections 311.1 through 311.4. Misdemeanor convictions carry up to one year in county jail. Felony convictions can result in up to three years in state prison, heavy fines, and mandatory lifetime sex offender registration under PC 290. In Santa Clara County, initial felony offers typically include six months in county jail with probation. Federal charges — prosecuted in the Northern District of California — carry even harsher mandatory minimum sentences. Contact a San Jose child pornography defense lawyer to fight for reduced or dismissed charges.
Yes, but lack of knowledge or intent is a valid defense under California law. Santa Clara County prosecutors must prove you knowingly possessed the material. A San Jose child pornography lawyer can argue that files were downloaded accidentally through peer-to-peer software, placed on your device by someone else, or that you were unaware of the content's nature. Digital forensic evidence is often central to these cases in Santa Clara County Superior Court, making experienced legal representation essential.
A San Jose child pornography defense attorney can challenge unlawful search and seizure of your devices, dispute digital forensic evidence like IP addresses and metadata, argue lack of intent or knowledge, and work with computer forensics experts to question file ownership. Your lawyer can also negotiate reduced charges or alternative sentencing with the Santa Clara County District Attorney's Office. In some cases, early intervention during the pre-file stage can prevent charges from being filed altogether.
Yes, most child pornography convictions in California require lifetime sex offender registration under Penal Code 290. Registration significantly impacts your ability to find employment, secure housing, and maintain personal freedoms in San Jose and throughout Santa Clara County. However, a skilled defense attorney may be able to negotiate a reduced charge or immigration-safe plea that avoids mandatory registration. This is one of the most critical goals when building a defense strategy with a San Jose child pornography lawye
Rabin Nabizadeh is a dedicated criminal defense attorney with extensive experience in both Federal and State courts. He has successfully represented clients in cases ranging from Misdemeanor DUI and Theft to serious felonies such as Grand Theft, Burglary, Sex Crimes, and Murder. Notably, Mr. Nabizadeh possesses a unique understanding of Immigration Law, allowing him to adeptly navigate cases with both criminal and immigration consequences. Fluent in Hebrew and Farsi, he also enjoys playing classical guitar in his spare time.
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