New Jersey Possession of Child Pornography Defense Lawyer
Fighting Possession of Child Pornography Charges in New Jersey
Being accused of possessing child pornography turns your life upside down. These allegations can destroy your reputation, freedom, and future if not defended properly. Here in New Jersey, possession of child pornography charges should never be taken lightly.
In this article, I’ll explain what constitutes possession of child pornography under NJ law, the potential penalties, and viable defense strategies. My goal is to help you understand your rights and options if facing these severe criminal charges in New Jersey.
What is Possession of Child Pornography in New Jersey?
Under NJ statute 2C:24-4, a person commits possession of child pornography if they knowingly possess or view any photograph, film, videotape, computer program or file depicting a child engaging in a prohibited sexual act or in the simulation of such an act[1].
It is also illegal to knowingly possess or view any photograph, film, videotape, computer program or file depicting a child in a sexually suggestive manner. The children depicted must be under age 16.
Merely viewing child pornography online can be enough to support possession charges in New Jersey if it is proven you knowingly accessed and saw the images.
Penalties for Possession of Child Pornography in NJ
Due to the extremely serious nature of these crimes, possession of child pornography convictions come with some of the harshest penalties under New Jersey law[2]. These include:
- 3-5 years in state prison
- Up to $15,000 in fines
- Community supervision for life after release
- Registration as a sex offender under Megan’s Law
In addition, there may be further penalties such as restitution, Internet restrictions, counseling, and device searches/monitoring. The severe consequences demonstrate why building an aggressive legal defense is so critical.
Fighting Possession of Child Pornography Charges in NJ
While the penalties are daunting, experienced criminal defense attorneys can often mount effective defenses in child pornography possession cases by[3]:
- Contesting whether images depicted actual minors
- Challenging whether you knowingly possessed or viewed the images
- Disputing your exclusive control over computers/devices involved
- Raising issues with software or computer security vulnerabilities
- Identifying procedural flaws in the investigation or arrest
An attorney may also negotiate with prosecutors to get charges reduced or work toward a favorable plea deal. But you need an aggressive lawyer willing to take the case to trial if necessary.
Why Hiring an Attorney is Critical
Attempting to defend yourself against child pornography possession charges is extremely unwise. Only an experienced criminal defense lawyer has the skills to[4]:
- Conduct a meticulous investigation of the prosecution’s digital evidence
- Obtain and present expert computer forensic testimony
- Suppress illegally obtained evidence
- Challenge claims that you knowingly possessed or viewed illegal images
- Negotiate dismissal or reduction of charges
- Present compelling defenses at trial
Navigating New Jersey’s complex child pornography laws on your own is nearly impossible and will likely lead to conviction. An attorney can even the odds and give you the best chance at avoiding years behind bars and a life on the sex offender registry.
Let Us Help Defend Your New Jersey Pornography Charges
The stakes are high when facing possession of child pornography charges, but you are not alone in this fight. Our team of skilled criminal defense lawyers has decades of experience successfully defending clients accused of child pornography and sex offenses. We know where to look for weaknesses in the prosecution’s case and how to build the strongest defense on your behalf.
Don’t leave your future solely in the hands of the state – make sure your rights are protected. Contact our office today to schedule a free case evaluation and let us help you beat these charges.