Philadelphia Child Pornography Lawyer

Being accused of a crime is one thing. Being arrested and charged with child pornography is another. Few types of crimes carry the stigma and penalties that come with a child pornography conviction. Even the accusation that you could have committed a child pornography-related offense could destroy your reputation and family. Defending yourself should be a top priority. 

Fortunately, your reputable Philadelphia child pornography lawyer from Ciccarelli Law Offices may be able to help you protect your future. After reviewing the specific details of your case, we will have a better idea of how we should approach your defense strategy. Contact our law office to schedule a free consultation with a leading Philadelphia sex crimes lawyer to clear your name and get back to your family sooner.

Child Pornography Charges in Philadelphia 

Under 18 Pa. C.S. § 6312(d), you can be charged with child pornography if you are accused of:

• Producing sexually explicit videos or images of a minor
• Distributing sexually explicit videos or images of a minor
• Downloading videos or images of a minor engaged in sexually explicit activity
• Viewing videos or images of a minor engaged in sexually explicit activity

If this is your first alleged offense, child pornography may be charged as a third-degree felony, and a conviction carries a maximum prison term of seven years, while second or subsequent offenses may be charged as a second-degree felony with a maximum sentence of 10 years. You will also likely be required to register as a sex offender upon your release. The number of images or videos involved, your criminal record, and the damage to the alleged victim in your case will all play a part in determining the severity of your penalties if you are found guilty.

Philadelphia Child Pornography FAQ

What is the Statute of Limitations on Child Pornography Charges in PA?

According to 18 Pa. C.S. § 5552(b.1), the statute of limitations for a child pornography offense is generally 12 years from the date the crime was allegedly committed. For example, if the crime allegedly occurred on June 30, 2024, charges will need to be filed before June 30, 2036. The statute of limitations may also vary if the alleged victim in your case is a minor at the time of the alleged incident.

If the alleged victim is under the age of 18, the statute of limitations will not begin to count down until they reach 18 years of age. The statute of limitations for charges involving minors under the age of 18 will not expire until the alleged victim turns 55 years old under 18 Pa. C.S. § 5552(c)(3), as linked in the statute above. This means criminal charges may apply decades after the offense has occurred.

How Much Does it Cost to Hire a Philadelphia Criminal Defense Lawyer?

The cost of hiring a Philadelphia criminal defense attorney will vary widely depending on the type of charges you are facing. With child pornography charges, many factors could determine how much we will charge for our services. We need to comprehensively review the charges against you and the state’s evidence to determine what our fee should be.

In some cases, we may require a retainer so you can effectively reserve our criminal defense team. Depending on the specific details of your case, we may charge a flat fee or work for you at an hourly rate. Even though you may be intimidated at the thought of spending so much money on a criminal defender, the alternative is working with an overworked public defense attorney who may not be able to give your case the attention or resources you need in a case of this caliber.

What are the Common Defenses Against Child Pornography?

Several possible defenses could be used to challenge the charges against you. In some cases, instead of defending yourself at trial, it may be wise to negotiate with the prosecutor. If you can secure a plea bargain, you may be able to avoid some of the more serious consequences that come with a conviction for child pornography.

However, in some cases, the prosecutor may not be willing to negotiate a plea. When this happens, or if we believe we can challenge the state’s evidence against you, we will need a compelling defense strategy. If we can argue that the images in question were located on a shared device, that law enforcement officers obtained evidence illegally, or that your constitutional rights were violated, we may be able to get your charges reduced to a less serious offense, dismissed altogether, or secure an acquittal.

Will I Be Eligible for Expungement?

No, according to PA General Assembly Act 56, certain types of criminal offenses are not eligible for expungement. Some examples of these crimes include kidnapping, assault, sex crimes, and crimes involving minors, including child pornography offenses. These types of convictions will remain on your criminal record permanently.

However, you may be able to get your record expunged if you were arrested and charged with a crime but ultimately found not guilty or the charges against you were dismissed. Expungement may also be available if you were arrested but never formally charged as described under 18 Pa. C.S. § 9122. If you are still unsure whether you qualify for an expunction, do not hesitate to consult our child pornography defense attorneys for answers.

Will I Be Granted Bail if I Am Accused of a Child Pornography Crime?

The judge has the authority and discretion to determine whether bail should be awarded. When you are accused of committing a crime as serious as child pornography, the judge may be less willing to offer bail, particularly if they believe you are a threat to the community. If you can show strong community ties and convince the judge that you are not a flight risk, bail may be more likely.

However, with crimes involving children, particularly sex crimes, the judge may be inclined to deny bail, depending on the specifics of your case. If bail is granted, you will need to post a bond to secure your release. Working with a bail bondsman may be in your best interests if you hope to get home to your family sooner.

Hire a Trial-Proven Philadelphia Child Pornography Defense Lawyer Today

The penalties that come with a child pornography conviction can set your world on fire. Not only could you lose your job, and family, and be imprisoned, but after you complete your criminal sentence, you could be required to register as a sex offender, which could haunt you for the rest of your life. With the stakes this high, dodging a conviction should be at the top of your priority list. A top-rated Philadelphia child pornography attorney from Ciccarelli Law Offices may be able to help you craft a powerful defense strategy. With a dedicated criminal defender on your side, you may be able to work out a plea agreement with the district attorney to avoid a trial altogether. However, if the state’s case against you is weak or the district attorney is unwilling to offer a plea, we will be prepared to advocate for your freedom and introduce reasonable doubt at trial. Complete our secured contact form or call our office to schedule your confidential consultation as soon as today.