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Although these sentencing guidelines are not mandatory, it can be an uphill battle to persuade a Federal judge to sentence someone below these guidelines.
The potential penalties only get worse if the State or Federal government file charges involving transmission of child pornography or distribution of child pornography.
The most common computer sex offenses that are being investigated and prosecuted today are internet solicitation of a minor and possession of child pornography.
There exists an array of different charging decisions that the government can make in these kinds of cases.
Sometimes law enforcement will use coercion to gain entry into someone's home or office. These are just some of the many questions that the government is forced to answer in order to prove it's case beyond a reasonable doubt.
Sometimes law enforcement won't have enough evidence to get a lawful search warrant. As you can tell, there are numerous avenues that can be explored to successfully defend a child pornography case. Mallonee defends child pornography cases out of his office in Fort Pierce, Florida.
The government also has to prove that the person they are accusing of possessing child pornography is also the person who was sitting at the keyboard when the images were downloaded and viewed. If you or someone you care about wants to talk to a criminal attorney who has successfully defended these cases, don't hesitate to call Brian Mallonee at (772) 464-1991.
Hiring a criminal defense attorney who has successfully argued this defense in front of a jury can mean the difference between your freedom and two decades in prison. Under Florida state law internet solicitation of a minor is a 3rd degree felony punishable by up to 5 years in prison for each count that is charged.
The legislature has also made it clear that law enforcement officers can pretend to be minors online or on the phone and all the state has to prove is that the accused believed the other person was a minor.
These Fort Pierce cases are not impossible to defend.
The government has to get through a number of hurdles before they can prove a child pornography case beyond a reasonable doubt.
Unfortunately, the government has responded to the political pressure that comes along with this kind of media coverage and public outrage.
Instead of enacting penalties that are reasonable, the punishment for these offenses has been dramatically and irrationally increased.
Under Federal law, the government must essentially prove the same elements as they do in state court. If someone is convicted of attempting to solicit, lure, or entice a minor to commit a sexual act in Federal court a 10 year minimum mandatory sentence applies.