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Austin Sex Crimes Lawyer Charles Johnson aggressively defends clients charged with a sexual offense. He handles all sexual offense charges, whether in state or federal court, and whether the sex crime allegations are against children or adults. These charges include:
Production of child pornography Distribution of child pornography Possession of child pornography Use of child pornography Sexual assault Sex with a minor
Parties in contentious divorce or custody proceedings have been known to encourage children to say the other parent touched them a certain way or otherwise imply molestation. Child care workers, pastors, teachers, coaches, and others are frequently falsely accused. Parents have even been known to target individuals for extortion by coaching children. They may be coached by well-meaning social service and health care professionals, law enforcement officers, and prosecuting attorneys who want to make sure they obtain a conviction regardless of the truth. Allegations of sex crimes are taken very seriously in Texas, and across the nation. With more stringent penalties being imposed, a false claim unchallenged or a single error in judgment can require you to be a lifelong member of the sex offenders registry and database. Before your reputation is devastated, invoke your right to an attorney and your right to remain silent. Contact Austin Criminal Lawyer Charles Johnson for a free phone consultation when you are under investigation for sex crimes or if charges have been brought against you for anything from possession and distribution of child pornography to sexual assault and rape. Attorney Johnson can be reached personally around the clock, 365 days/year at 512-8321200.
the production of the visual depiction involves the use of a minor engaging in sexually explicit conduct; or the visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or the visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. Federal law (18 U.S.C. 1466A) also criminalizes knowingly producing, distributing, receiving, or possessing with intent to distribute, a visual depiction of any
kind, including a drawing, cartoon, sculpture or painting, that depicts a minor engaging in sexually explicit conduct and is obscene, or depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex and such depiction lacks serious literary, artistic, political, or scientific value.
Sexually explicit conduct is defined under federal law (18 U.S.C. 2256) as actual or simulated sexual intercourse (including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex), bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person.
Who Is a Minor?
For purposes of enforcing the federal law (18 U.S.C. 2256), minor is defined as a person under the age of 18.
sexually interested in prepubescent children or young adolescents, who use child pornography for sexual fantasy and gratification sexually indiscriminate, meaning they are constantly looking for new and different sexual stimuli sexually curious, downloading a few images to satisfy that curiosity
interested in profiting financially by selling images or setting up web sites requiring payment for access
The maximum penalty on a Sexual Exploitation charge actually carries more time than the maximum penalty on a Second Degree Murder charge. A conviction will require you to register as a Sex Offender for the rest of your life, and you are not allowed to have any contact with anyone under the age of eighteen (18) (this includes your own children), without going through numerous testing procedures and only with the consent of your Probation Officer. If the child was ages fifteen seventeen (15-17), it is not sentenced pursuant to the DCAC statute. A first offense class two (2) felony, carries punishment of probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the prison only range is four and one half (4.5) years to twentythree and one quarter (23.25) years in prison. If the person has two (2) allegeable historical prior convictions, then the prison only range is ten and one half (10.5) to thirty-five (35) years of incarceration.
In addition, the denial of right to Counsel is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any forensic flaws during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; computer analysis/cloning hard drive procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled lawyer to defend you who has knowledge of all the possible defenses to assert in your case. Do Not Make Statements. Obviously, the best defense begins before a defendant is ever charged. Often, in a misguided attempt to help law enforcement, defendants make statements that are twisted and turned into prosecutorial evidence. It is important to remember not to allow yourself be interviewed government agencies without an attorney present. Any interview will be sent to the police and the county attorneys office and can be used against you. An obvious corollary is do not let yourself be interviewed again by the police without your attorney present. Computerized Evidence. Internet child pornography is a growing offense across the nation. Often files can be downloaded to a computer without the user knowing the content of the download. In such cases the electronic file will often include tell tale electronic evidence about the file, where it came from and its date of download. Using this evidence or challenging law enforcements sloppy investigation and acquisition of potentially exculpatory information is the best way for a defense lawyer to prove actual innocence. Examine Prosecution Experts Background. An important part of every case is the ability to counter the reports and testimony of computer professionals, caseworkers and experts who examine pornographic evidence. To effectively counter a prosecution expert, the defense attorney must be well educated on the experts education, work history, published works and testimony in prior cases. Use a Polygraph. When it is advantageous to the defense against a sexual assault, defense attorneys should obtain a credible polygraph examination from a respected professionals.
Austin Child Pornography Defense Lawyer: The Charles Johnson Law Firm
Attorney Charles Johnson defends against sexual assault allegations throughout Texas, no matter how small or large the city. He has developed a unique understanding of the dynamics of these very serious cases. His competent, aggressive and thorough representation has made him a leading criminal defense attorney in dealing with sex and pornography related criminal charges. Defending in these areas is a very specialized area of criminal defense. Unfortunately, the very accusations themselves are often treated as conclusive proof of criminal activity. If Austin Lawyer Charles Johnson is retained at an early stage in the investigation, he is sometimes able to avoid charges altogether. At a minimum he is often able to avoid the trauma and embarrassment of his client being arrested at home or at the workplace by contacting law enforcement and the court in order to make the necessary arrangements. Depending on the facts of your case and the evidence against you, Austin Child Pornography Lawyer Charles Johnson will work to help you beat a false accusation or try to lessen the punishment. We understand your freedom is at stake and that a conviction of possession of child pornography may result in lifetime registration as a sex offender. To protect your rights and liberty, we conduct thorough investigations to prepare for trial or to minimize the consequences or sentence. Austin Sex Crimes Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week. Call us at 512-832-1200 or toll free at 877-308-0100. Major Credit Cards Accepted.
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Original article may be found at: Defending Charges of Child Pornography: You Can Depend On Austin Sex Crimes Lawyer Charles Johnson Austin Lawyer Charles Johnson Solving Problems...Every Day http://www.austinlawyer.com/ 111 Congress, Suite 400 Austin, TX 78701 E-Mail: charlesjohnson@austinlawyer.com Phone: (512) 832-1200 Toll-Free: (877) 308-0100 Map to Office