Child Pornography Attorney in Tanglewood, TX
Being accused of child pornography is no light accusation. This can not only affect your permanent criminal record, but it can also have a drastic negative effect on your reputation, career, housing, and relationships. For this reason, you should contact a Tanglewood child pornography lawyer as soon as you are accused or investigated for child pornography related crimes. A Tanglewood criminal defense lawyer can make a difference in your case.
About The Law Offices of Tad Nelson & Associates
At The Law Offices of Tad Nelson & Associates, we understand your situation and have attorneys with courtroom experience. Tad Nelson is a Board-Certified Specialist in Criminal Law with trial experience in serious and high-profile cases throughout the state of Texas. He is also a former prosecutor, which means he knows exactly how the state puts a case together and how to stop them before they do it.
Amber Spurlock is a former Air Force JAG attorney and federal prosecutor with extensive experience in military and civilian criminal law. Together, our firm has received multiple awards and recognition for our skill and professionalism, including Super Lawyers and Martindale-Hubbell AV Preeminent Ratings.
Child Pornography Laws in Texas
Child pornography crimes are aggressively prosecuted in Texas and throughout the United States. These accusations can also severely affect your reputation, regardless of the outcome of your case. Understanding the laws is important if you are ever accused of a child pornography crime.
According to the Texas Penal Code § 43.26, an individual cannot knowingly possess, view, access, distribute, or promote any visual media that depicts a child under 18 years old involved in sexual conduct. These are classified as felonies and are subject to penalties such as incarceration and sex offender registration. Federal laws may also apply if the material is transmitted across state lines or distributed through the internet.
Sentencing and Penalties in Child Pornography Cases
Texas has strict penalties for child pornography crimes. In Texas, possession of child pornography is a third-degree felony punishable by prison time and substantial fines, and it can rise to a second-degree felony for distribution or promotion, leading to years in prison.
Federal penalties are typically more severe, with sentencing guidelines for child pornography often exceeding 15 to 30 years in prison for repeat offenders or cases with aggravating factors. Besides prison sentences, most convictions demand mandatory lifetime registration as sex offenders, together with strict probation requirements as well as social penalties that influence employment status, housing opportunities, and family connections.
Aggravating Factors That Enhance Sentencing
According to the United States Sentencing Commission, the average sentence for possession of child pornography for the fiscal year 2024 was 82 months. The average sentence for trafficking child pornography for the same year was 151 months. The average sentence for receipt of child pornography for that year was 106 months.
There are certain factors that, if present, can enhance a convicted person’s penalties. These factors suggest that the alleged crime is more serious or harmful in nature, potentially leading to longer prison sentences and heftier fines, among other penalties. Some of these aggravated factors include:
- Possessing a large amount of materials, such as photographs or videos
- Content involving significantly young minors, typically under the age of 12
- Having prior convictions for similar offenses
- Using technology to hide activities, such as using digital encryption
When an individual is accused of aggravating factors, a Tanglewood criminal defense lawyer can help challenge the evidence.
Why Hire a Child Pornography Lawyer in Tanglewood, TX?
Facing child pornography charges in Tanglewood is serious business. If you’re accused, you need a Tanglewood child pornography attorney who is experienced in fighting the prosecution’s case and protecting your constitutional rights. Facing such allegations could destroy your life permanently, so securing proper legal representation becomes essential.
A good attorney can challenge the prosecution’s evidence, question the validity of forensic analysis, and ensure that your rights are protected every step of the way. The Law Offices of Tad Nelson & Associates is experienced and can help. We have years of experience defending clients in these types of cases, and we can fight for your future and your rights. We strive for the greatest possible outcome for our clients.
FAQs About Child Pornography in Tanglewood, TX
Can a Lawyer Help Me Avoid Prison Time in a Child Pornography Case?
Yes, in some cases, an experienced Texas child pornography lawyer may be able to negotiate a plea agreement or an alternative form of punishment like probation or a sentencing alternative program to keep the client out of prison. An attorney may be able to exclude evidence, negotiate for reduced charges, or present extenuating circumstances to the judge or jury. Every case is different, but the greatest chance of avoiding or limiting jail time is with an experienced attorney.
What Role Does Plea Bargaining Play in These Cases?
Plea bargaining is common in child pornography cases. A prosecutor may be willing to reduce charges or recommend a lesser sentence in return for a guilty plea. A lawyer may also bargain for a reduced penalty or probation instead of prison time. But it is important to understand the long-term ramifications before agreeing to a plea bargain.
Can a Conviction Affect My Ability to See My Children or Family?
Yes, a child pornography conviction can have serious consequences for your parental rights and family relationships. Your access to your children’s custody or visitation rights could be restricted by the court when minors are involved in the case. You may also face supervised visitation or a denial of contact in some situations.
With an attorney’s guidance, you can secure equitable family arrangements while meeting court restrictions and maintaining your rights as a parent.
Will I Lose My Job if I Am Arrested or Convicted of Child Pornography?
An arrest or conviction for child pornography can have significant employment consequences. Employers may fire employees who are charged, particularly those in education, health care, or government. A conviction will also become a part of your criminal record and may restrict future employment. A lawyer could arrange for delayed proceedings and charge reductions or help seal your record to protect future job opportunities.
Contact The Law Offices of Tad Nelson & Associates Today
Hire a child pornography lawyer right away if you have been accused or are being investigated for child pornography crimes. Contact The Law Offices of Tad Nelson & Associates today to get started on your case.