Plea Bargaining in Child Pornography Cases

Once the reality sets in that you’ve been charged with a sex crime, it’s easy to lose hope. Maybe you looked online and learned that you could face over a decade in jail and be required to register as a sex offender for the rest of your life. And while these are both possibilities, they are not the only potential outcomes. At the Mayberry Law Firm, we have more than a decade of experience successfully handling all types of child pornography cases on behalf of our clients. Our knowledge of plea bargaining in child pornography cases is second to none, which is how we’ve been able to spare countless clients from lengthy jail sentences and mandatory lifetime registration requirements.

In Florida, anyone who is deemed a “sexual offender” must register with the Florida Department of Law Enforcement for the rest of their life. Under Florida Statutes § 943.0435, anyone convicted of certain sex crimes is considered a sexual offender. There are about two dozen registerable offenses, some of which include:

• Possession of Child Pornography (Florida Statutes § 827.071)
• Promoting Child Pornography (Florida Statutes § 827.071)
• Prohibited Sexual Misconduct (Florida Statutes § 393.135(2))
• Kidnapping a Minor (Florida Statutes § 787.01)
• False Imprisonment of a Minor (Florida Statutes § 787.02)
• Luring or Enticing a Child (Florida Statutes § 787.025(2)(C))
• Human Trafficking (Florida Statutes § 787.06(3))
• Sexual Battery (Florida Statutes § 794.011)
• Video Voyeurism of a Minor (Florida Statutes § 810.145(8))
• Sexual Performance by a Child (Florida Statutes § 827.071)
• Presenting Obscene Material to a Minor (Florida Statutes § 847.0133)
• Computer Pornography (Florida Statutes § 847.0135)
• Transmission of Child Pornography by Electronic Device (Florida Statutes § 847.0137)
• Transmission of Material Harmful to Minors (Florida Statutes § 847.0138)
• Use of a Child in a Sexual Performance (Florida Statutes § 827.071)

While you’re required to register as a sex offender if you’ve been convicted of any of the above-listed offenses, there are other related charges that do not carry such harsh consequences. For example, a Tampa Bay child pornography defense attorney may be able to convince the prosecution to withdraw all registerable charges, replacing them with one of the following:

• Transmission of Material Harmful to Minors (Florida Statutes § 847.138)
• Possession or Transmission of Obscene Content (Florida Statutes § 847.011)
• Distribution of Material That is Harmful to Minors (Florida Statutes § 847.012)

If you face a child pornography offense, you have a few options. First, you can go to trial in hopes of beating the case. If the evidence against you is thin, or law enforcement officers violated your rights when searching your computer, this is a good option. However, the reality is that when neither of these situations applies, you’re put in a tough spot because the government’s evidence may be enough to convict you. 

Your other choice is to find an attorney with specific experience with plea bargaining in child pornography cases in hopes of getting the prosecution to offer reduced charges in exchange for a guilty plea to a less serious offense. Of course, prosecutors don’t make good offers without a good reason, so it’s important to work with a lawyer who has successfully handled many of these cases. Often, lawyers will rely on mitigating facts such as a lack of serious criminal history, public service, a psychosexual risk assessment indicating the person is a low risk to offend, and even a history of mental health or substance abuse disorder. Depending on the case, our office has even utilized private polygraph tests inquiring as to both direct and collateral issues that may be of importance when negotiating the case.

From the moment you were arrested for a Tampa Bay sex crime, your life immediately changed. If you’re like most people, worst-case scenarios begin running through your head. However, it’s important to understand that you have options, some of which may allow you to avoid registering as a sexual offender. At the Mayberry Law Firm, we have been helping men and women charged with serious sex crimes avoid the worst consequences of a conviction for more than a decade. Over this time, we’ve successfully negotiated on behalf of countless clients, securing the best possible sentence and keeping their names off the registry. To learn more and to schedule a free consultation with a Tampa criminal defense attorney today, call 813-444-7435. You can also reach us through our online contact form.