Are you facing charges related to child pornography in Murrieta, Temecula, Menifee or Lake Elsinore, California? The Law Office of Nicolai Cocis is here to provide you with the robust defense you need. We understand the gravity of these charges and the potential consequences if convicted. Our experienced criminal defense attorney, Nicolai Cocis, is well-versed in Penal Code 311 through 312.7 and has a proven track record of successfully defending clients against such charges.
Understanding Penal Code 311
Penal Code 311 criminalizes the production, distribution, and possession of child pornography. The law is comprehensive, covering various acts related to child pornography. However, every case is unique, and there are several defenses that can be used to challenge these charges.
- Lack of Knowledge: One of the most common defenses is that the accused did not know they were in possession of child pornography. If we can prove that you were unaware of the content, it could lead to the dismissal of the charges.
- Involuntary Possession: If someone else used your computer or device without your knowledge to download or distribute child pornography, we can argue that you did not willingly possess the material.
Understanding Penal Code 311.1 and 311.2
Penal Code 311.1 and 311.2 deal with the distribution and sending of child pornography. The defenses against these charges are similar to those for Penal Code 311.
- Lack of Intent: If you accidentally sent or distributed the material without knowing its content, we can argue that there was no intent to break the law.
- Invasion of Privacy: If the evidence against you was obtained through an illegal search and seizure, we can challenge the admissibility of the evidence in court.
Understanding Penal Code 311.3
Penal Code 311.3 criminalizes the use of a minor to create pornography. The potential defenses could include:
- Mistaken Age: If you reasonably believed that the person involved was not a minor, we can use this as a defense.
- Coercion: If you were forced or threatened to participate in the creation of the material, we can argue that you were not acting of your own free will.
Understanding Penal Code 311.4
Penal Code 311.4 deals with employing a minor to participate in the production of pornography. The defenses could include:
- Lack of Knowledge: If you were unaware that the person you employed was a minor, we can use this as a defense.
- False Representation: If the minor misrepresented their age, we can argue that you were deceived into breaking the law.
Understanding Penal Code 311.10 and 312.7
Penal Code 311.10 and 312.7 deal with advertising and soliciting child pornography. The defenses could include:
- Freedom of Speech: If the material you advertised or solicited does not meet the legal definition of child pornography, we can argue that your actions are protected by the First Amendment.
- Entrapment: If law enforcement induced you to commit a crime that you would not have committed otherwise, we can use entrapment as a defense.
Facing child pornography charges can be overwhelming, especially in Riverside County cities like Temecula, Murrieta, Menifee, Winchester, and Lake Elsinore, where navigating the criminal justice system can be complicated. It's crucial to secure the services of our seasoned criminal lawyers who have extensive experience with local courts, judges, and prosecutors at the Southwest Justice Center. Our legal expertise can significantly influence your case. Don't leave your future to chance; contact our law office today for a consultation. If you're looking for a reliable and experienced criminal lawyer in Riverside County, your search ends here.