San Antonio Child Pornography Attorney

If you or somebody you love has been accused of producing or possessing child pornography under either Texas law or federal law, it is vital to recognize the seriousness of these charges. The moment you know you are under investigation or have been arrested, you should not say anything to law enforcement officials or prosecutors until you have spoken to a San Antonio child pornography defense attorney.

At Hoelscher Gebbia Cepeda, PLLC, our qualified and experienced San Antonio child pornography lawyers are standing by to help. We understand these cases, and we are ready to get to work formulating your defense.

Why Choose Hoelscher Gebbia Cepeda, PLLC?

When you have been arrested or accused of producing or possessing child pornography in San Antonio, you need to turn to the trusted team at Hoelscher Gebbia Cepeda, PLLC for help with your case.

• At Hoelscher Gebbia Cepeda, PLLC, our clients are our top priority. Regardless of the legal problem you are facing, you can rely on our team to provide you with aggressive, professional, and results-driven representation.
• Prosecutors in and around San Antonio know that we mean business. In the courtroom and in the media, our San Antonio criminal attorneys regularly challenge misconduct by police and prosecutors.
• We work to build a customized legal strategy for every client’s specific situation. We understand that no two cases are exactly alike, and we have the knowledge, resources, and experience to create and execute a plan on your behalf.

How Will an Attorney Help Your Child Pornography Defense Case?

When a person is charged with child pornography offenses in San Antonio, immediately contact a lawyer. These types of charges can place a person at risk of incurring significant prison sentences, massive fines, as well as lifetime registration as a sex offender. A qualified and experienced child pornography attorney in San Antonio will be able to use their resources to:

• Completely examine the circumstances surrounding the arrest and check to see if there were any procedural issues when gathering evidence.
• Conduct a complete investigation into the incident in order to obtain any evidence not already gathered by law enforcement or prosecutors that could be used to help the defense.
• Negotiate with prosecutors in order to receive a reduction in charges if the case warrants such negotiation.
• Work with prosecutors to negotiate any plea bargain that can help their client receive a reduced sentence.
• Fully prepare the case for trial if necessary to ensure the rights of their client are upheld.

Child Pornography Laws and Penalties in Texas

Under Texas law, every count of possession of child pornography will generally be charged as a third-degree felony offense. Penalties for third-degree felonies in Texas range from two to ten years (section 12.34(a) of the Texas Penal Code. See Tex. Penal Code Ann. § 12.34).

As defined by Texas Penal Code Ann. § 43.26(a), (d), we can see that a person commits the offense of possession of child pornography if:

• They knowingly or intentionally possess virtual materials that depict a child younger than 18 years of age at the time the image of the child was made; and
• The person knows that the material depicts the child as described above

Additionally, there are other charges related to child pornography in Texas that a person could face. This includes the following:

• Employing a minor. This includes forcing, coercing, or trafficking a person under the age of 18 to produce child pornography. This will be considered a second-degree felony offense in Texas, punishable by two to 20 years in prison as well as a fine of up to $10,000. If the victim in the case is under 14 years of age, this charge will be a first-degree felony punishable by five to 99 years in prison.
• Production in the promotion of child pornography. Any person knowingly involved in filmmaking, production, photography, or the promotion of child pornography could face a third-degree felony punishable by two to 10 years in prison. If the victim is under the age of 14, this will be considered a second-degree felony offense punishable by two to 20 years in prison.
• Possession of child pornography with the intention to distribute it. If a person is found with more than six identical pieces of child pornography, it could be assumed that the person had the intention to distribute the material. This will be considered a second-degree felony punishable by two to 20 years in prison.

In addition to the penalties mentioned above, a person convicted of any of these offenses will be required to register as a sex offender. This will result in the convicted person’s information becoming part of the public record that can be accessed by anybody conducting a search on the Internet. This will include information about where a person works, lives, vehicles they drive, a photograph, and various other personal information.

It is important to note that all of the offenses described above are specific to Texas law. Anytime trafficking or distribution crosses state lines, a person could very well be charged with a federal crime.

Defenses For San Antonio Child Pornography Charges

At Hoelscher Gebbia Cepeda, PLLC, we understand that no two child pornography defense cases are exactly alike. However, some of the most common defenses against child porn charges include the following:

• The person charged with child pornography unintentionally possessed the alleged material.
• The person charged accidentally came into possession of the material due to a virus, malware, or spam on their digital devices.
• Law enforcement officials conducted an illegal search and seizure when gathering evidence used in the case.
• The person charged was the victim of entrapment in which the police induced them to commit a child pornography offense that they would not otherwise have committed.
• The material in question is not actually child pornography (the individuals in the content are non-minors).

Contact Our Child Pornography Defense Attorney Today

If you or somebody you care about is facing charges of possessing or producing child pornography in San Antonio, seek assistance from a San Antonio child pornography defense lawyer immediately. At Hoelscher Gebbia Cepeda, PLLC, our knowledgeable and experienced team is ready to help you. We understand the seriousness of these charges, and we are ready to get to work on your behalf today.

Our attorneys will conduct a complete investigation into the charges against you and work to formulate your defense. When you need a San Antonio child pornography defense attorney, you can contact us for a free consultation of your case.