Connecticut Felony Possessing Child Pornography Defense Attorney

What Is Felony Possessing Child Pornography?

Felony Possessing Child Pornography consists of Three Different Degrees of Possessing Child Pornography. Felony Possessing Child Pornography in Connecticut is either a Class B, C, or D Felony that criminalizes possession of child pornography, and a Conviction carries a Mandatory Minimum Sentence of 1-5 Years Imprisonment, a Maximum of 5-20 Years Imprisonment, and Probation and Sex Offender Registration requirements. Read on Below for More Specific Information regarding Potential Penalties, Possible Defenses, and Essential Elements of the Crime, or Call Us for a Free, Completely Confidential phone consultation.

Essential Information You Should Know About What You Can Expect In A Connecticut Felony Possessing Child Pornography Case

If You or a Loved One find Yourselves being investigated or arrested for Felony Possessing Child Pornography in Connecticut, You are no doubt scared and full of questions. At Kevin Smith, Attorney at Law LLC, our team stands ready to speak with You and answer those questions. A Free, Confidential initial consultation can be done with just a phone call, and You can expect to get answers to the questions below, as well as any other case-specific questions You may have.

What Are The Penalties For Felony Possessing Child Pornography In Connecticut?

Felony Possessing Child Pornography in Connecticut consists of Three Different Degrees of Possessing Child Pornography, each of which is listed below with its respective Penalties, Defenses, and Essential Elements.

If you or a loved one are charged with Possessing Child Pornography in the First Degree, in violation of Connecticut General Statutes Section 53a-196d, the stakes simply could not be any higher. Possessing Child Pornography in the First Degree in Connecticut is a Class B Felony, and penalties you face if convicted of Possessing Child Pornography in the First Degree include:

• a maximum sentence of 20 years imprisonment
• a mandatory minimum non-suspendable sentence of 5 years
• a minimum of 10 years and a maximum of 35 years of probation.
• a fine of up to $15,000
• required to Register as a Sex Offender for 10 years.

If you or a loved one are charged with Possessing Child Pornography in the Second Degree, in violation of Connecticut General Statutes Section 53a-196e, the risk to your Freedom and Your Reputation simply could not be any higher. Possessing Child Pornography in the Second Degree in Connecticut is a Class C Felony, and penalties you face if convicted of Possessing Child Pornography in the Second Degree include:

• a maximum sentence of 10 years imprisonment
• a mandatory minimum non-suspendable sentence of 2 years
• a minimum of 10 years and a maximum of 35 years of probation.
• a fine of up to $10,000
• required to Register as a Sex Offender for 10 years.

If you or a loved one are charged with Possessing Child Pornography in the Third Degree, in violation of Connecticut General Statutes Section 53a-196f, the stakes simply could not be any higher. Possessing Child Pornography in the Third Degree in Connecticut is a Class D Felony, and penalties you face if convicted of Possessing Child Pornography in the Third Degree include:

• a maximum sentence of 5 years imprisonment
• a mandatory minimum non-suspendable sentence of 1 year imprisonment
• a minimum of 10 years and a maximum of 35 years of probation.
• a fine of up to $5,000
• required to Register as a Sex Offender for 10 years.

How Felony Possessing Child Pornography Cases Work In Connecticut

Though no two cases are identical and every Connecticut Criminal case will proceed differently on an individual basis, there are certain procedures and phases common to all Connecticut Criminal cases that you or a loved one charged with Felony Possessing Child Pornography can expect to encounter. Proceedings and phases you can generally expect in Connecticut Felony Possessing Child Pornography cases include:

Pre-Arrest Investigation

Investigations in Connecticut Felony Possessing Child Pornography cases take place before an Arrest; may be conducted by local, state, or federal law enforcement agencies; and may also include Grand Jury proceedings. These investigations often involve the execution of search warrants, interviews with witnesses, and collection of evidence from the scene or suspects.

What Rights Do I Have During a Connecticut Felony Possessing Child Pornography Investigation?

If you or a loved one find yourself the target of a Connecticut Felony Possessing Child Pornography investigation, you have the absolute right to an attorney and to remain silent if you or a loved one are questioned by law enforcement. The right to an attorney and the right to remain silent are guaranteed by the United States Constitution and the Connecticut Constitution, and you should exercise them decisively and aggressively.

Remember: law enforcement agents are not required to be truthful with suspects, and what you say to law enforcement CAN AND WILL BE USED AGAINST YOU. Your best defense against mistakenly forfeiting your rights is to retain counsel as soon as you or a loved one learns that you are the target or a suspect in a Connecticut Felony Possessing Child Pornography case.

Our Connecticut Felony Possessing Child Pornography attorneys can then:

• shield you or your loved one from direct interaction with law enforcement
• ensure that all communications with law enforcement are protected
• establish contact with law enforcement investigators and put them on notice that you are invoking both your right to an attorney and your right to remain silent
• If the Connecticut Felony Possessing Child Pornography investigation leads to an arrest, our attorneys can also arrange for you or your loved one to be able to turn yourself in once a warrant issues, rather than being surprised at work or your home by arresting officers.

Can An Arrest Be Prevented In A Connecticut Felony Possessing Child Pornography Investigation?

In some cases, our Connecticut Felony Possessing Child Pornography attorneys can prevent an arrest of you or a loved one in a Connecticut Felony Possessing Child Pornography investigation.

In these instances, we may be able to provide law enforcement with evidence that demonstrates your innocence, or evidence that undermines the credibility of evidence already in their possession.

Each case, however, is different, and the best way to determine if a Connecticut Felony Possessing Child Pornography arrest can be prevented is to contact one of our Connecticut Felony Possessing Child Pornography attorneys for a free consultation as soon as you become aware that you or a loved one are the target of–or a suspect in– a Connecticut Felony Possessing Child Pornography investigation.

Arrest

In some cases, an Arrest cannot be prevented in a Connecticut Felony Possessing Child Pornography case.

In these cases, law enforcement officers will either make an on site arrest, or else they will apply for and be granted an Arrest Warrant. The Arrest Warrant may be the result of the Connecticut Felony Possessing Child Pornography investigation conducted by law enforcement agencies, or a Grand Jury indictment following a Grand Jury investigation.

Once an Arrest Warrant issues, the subject of the Arrest Warrant will either be involuntarily taken into custody by law enforcement, or allowed to turn him or herself in voluntarily.

If you or a loved one find yourself the subject of an Arrest Warrant in a Connecticut Felony Possessing Child Pornography case, our Connecticut Felony Possessing Child Pornography attorneys can arrange for a voluntary turn in, and allow you to make the necessary preparations rather than being blindsided at your home or business by arresting officers. Our Connecticut Felony Possessing Child Pornography attorneys can also discuss with you the options for posting bail or remaining in custody.

Arraignment

Arraignment is the formal name used for the first Court appearance before a judge by a Defendant in a Connecticut Felony Possessing Child Pornography case. Once a person has been arrested and arraigned in Court, they are known as a Defendant.

At arraignment, the State’s Attorney will generally read the charges against the Defendant, make an argument regarding the Defendant’s bail and conditions of release, and provide some initial disclosures of the evidence against the Defendant. Arraignment is also the Defendant’s first opportunity in a Connecticut Felony Possessing Child Pornography case to plead not guilty, make arguments regarding bail and conditions of release, and make formal discovery requests for evidence.

Our Connecticut Felony Possessing Child Pornography attorneys will represent you or your loved one at Arraignment by gathering evidence to support arguments for a reasonable bail and conditions of release, and to support your plea of not guilty. Our attorneys will also make discovery requests in order to ensure that all evidence the State’s Attorney intends to use in its case is disclosed to the defense.

Pre-Trial

Once a Defendant has been arraigned in a Connecticut Felony Possessing Child Pornography case, they will then enter the Pre-Trial phase of the case.

During the Pre-Trial phase of a Connecticut Felony Possessing Child Pornography case, the Defendant and his or her attorney will generally be required to make a Court appearance once a month, though in some instances the time between Court appearances may be longer or shorter.

At these Pre-Trial Court appearances, the Defendant’s attorney and the State’s Attorney will discuss the case, exchange evidence, and raise any legal issues with a judge. Negotiations to resolve the case, often called “Plea Negotiations” or “Plea Bargaining”, also take place during the Pre-Trial phase. Although there is no set time limit for the Pre-Trial phase of a Connecticut Felony Possessing Child Pornography case, it typically lasts for as long as 18 months.

At Kevin Smith, Attorney at Law LLC, our Connecticut Felony Possessing Child Pornography attorneys will represent you or a loved one during all aspects of the Pre-Trial phase by reviewing evidence with you, conveying to you all negotiations with the State’s Attorney, and protecting your right to plead not guilty and preserve your innocence throughout the process.

Trial

A Defendant in a Connecticut Criminal case is entitled to Plead Not Guilty and demand a Trial, either by a Judge or a Jury. At a Trial in a Connecticut Felony Possessing Child Pornography case, the State’s Attorney will be required to prove the Defendant guilty by a burden of proof known as proof Beyond a Reasonable Doubt. In order to do so, the State’s Attorney will have to prove each Essential Element of the crime of Felony Possessing Child Pornography Beyond a Reasonable Doubt.

What Counts As Felony Possessing Child Pornography In Connecticut? What Does The State’s Attorney Have To Prove In A Connecticut Felony Possessing Child Pornography Case?

Felony Possessing Child Pornography in Connecticut consists of Three Different Degrees of Possessing Child Pornography, and the Jury Instructions for Each Degree are listed below.

According to the Connecticut Criminal Jury Instructions, the Essential Elements, or legal components, of the crime of Possessing Child Pornography in the First Degree in Connecticut that the State’s Attorney must prove Beyond a Reasonable Doubt are:

• Possession
• Knowingly
• Number of Depictions

In plain English, this means that the State’s Attorney will have to prove three things.

First, the State’s Attorney must prove that the Defendant possessed Images or Depictions of Persons under the age of 16 engaged in Sexually Explicit Conduct.

Next, The State’s Attorney must also prove that the Defendant Possessed the Images or Depictions Knowingly, meaning that the Defendant was aware of the sexually explicit nature of the Images or Depictions and that the People Depicted were under the age of 16.

Finally, the State’s Attorney must prove the required Number of Images or Depictions of Sexually Explicit Conduct involving people under the age of 16. For Possessing Child Pornography in the First Degree in Connecticut, the Required number of Images or Depictions consists of the following categories: Fifty or more still images of child pornography; or One or more still images of child pornography that depict the infliction or threatened infliction of serious physical injury; or Any single moving image with either one child engaging in more than one sexually explicit act or more than one child engaging in one sexually explicit act; or More than one moving picture, in any format, depicting a single act of sexually explicit conduct by one child.

According to the Connecticut Criminal Jury Instructions, the Essential Elements, or legal components, of the crime of Possessing Child Pornography in the Second Degree in Connecticut that the State’s Attorney must prove Beyond a Reasonable Doubt are:

• Possession
• Knowingly
• Number of Depictions

In plain English, this means that the State’s Attorney will have to prove Three things.

First, the State’s Attorney must prove that the Defendant possessed Images or Depictions of Persons under the age of 16 engaged in Sexually Explicit Conduct.

Next, The State’s Attorney must also prove that the Defendant Possessed the Images or Depictions Knowingly, meaning that the Defendant was aware of the sexually explicit nature of the Images or Depictions and that the People Depicted were under the age of 16.

Finally, the State’s Attorney must prove the required Number of Images or Depictions of Sexually Explicit Conduct involving people under the age of 16. For Possessing Child Pornography in the Second Degree in Connecticut, the Required number of Images or Depictions consists of the following categories: More than 20 but Fewer than 50 still images of child pornography; or a moving image of 20 or more frames in any format, depicting a single act of sexually explicit conduct by one child.

According to the Connecticut Criminal Jury Instructions, the Essential Elements, or legal components, of the crime of Possessing Child Pornography in the Third Degree in Connecticut that the State’s Attorney must prove Beyond a Reasonable Doubt are:

• Possession
• Knowingly
• Number of Depictions

In plain English, this means that the State’s Attorney will have to prove Three things.

First, the State’s Attorney must prove that the Defendant possessed Images or Depictions of Persons under the age of 16 engaged in Sexually Explicit Conduct.

Next, The State’s Attorney must also prove that the Defendant Possessed the Images or Depictions Knowingly, meaning that the Defendant was aware of the sexually explicit nature of the Images or Depictions and that the People Depicted were under the age of 16.

Finally, the State’s Attorney must prove the required Number of Images or Depictions of Sexually Explicit Conduct involving people under the age of 16. For Possessing Child Pornography in the Third Degree in Connecticut, the Required number of Images or Depictions consists of the following categories: Fewer than 20 still images of child pornography; or a moving image of Fewer than 20 frames in any format, depicting a single act of sexually explicit conduct by one child.

How Do You Fight a Connecticut Felony Possessing Child Pornography Charge? Can You Win?

Defenses to Felony Possessing Child Pornography in Connecticut

If you or a loved one are charged with Felony Possessing Child Pornography in Connecticut, you should know that there are a number of defenses that must be explored. Some common defenses to Felony Possessing Child Pornography in Connecticut are listed below. If you or a loved one are charged with Felony Possessing Child Pornography in Connecticut, our attorneys will rigorously and methodically review the evidence and the law and exhaust all possible defenses for you.

Alibi

An Alibi Defense in Connecticut involves establishing that the Defendant could not have committed the Felony Possessing Child Pornography because he or she was physically in another location. In a Felony Possessing Child Pornography case in Connecticut, an Alibi Defense may involve establishing that the Defendant could not have had or did not have access to the device used to view or store the Images or Depictions.

Mistaken Identity

A Mistaken Identity Defense in Connecticut involves establishing that the Defendant has mistakenly been identified as the person who committed the Felony Possessing Child Pornography, often by an eyewitness who is either confused or wrongfully accusing the Defendant. In a Felony Possessing Child Pornography case in Connecticut, a Mistaken Identity Defense may involve establishing that someone else accessed, viewed, or otherwise possessed the Images or Depictions by unlawfully using a device or other means that belonged to the Defendant.

Third Party Culpability

A Third Party Culpability Defense in Connecticut involves establishing that another person committed the Felony Possessing Child Pornography, similar to a Mistaken Identity Defense. In a Felony Possessing Child Pornography case in Connecticut, a Third Party Culpability Defense may involve establishing that someone else accessed, viewed, or otherwise possessed the Images or Depictions by unlawfully using a device or other means that belonged to the Defendant.

Lack of Capacity Due To Mental Disease Or Defect/ Insanity Defense

Under Connecticut General Statutes Section 53a-13, a Lack of Capacity Due to Mental Disease or Defect/Insanity Defense in Connecticut, also commonly referred to as an NGRI (Not Guilty by Reason of Insanity) Defense, involves establishing that the Defendant at the time of the offense lacked the substantial capacity to appreciate the wrongfulness of his or her conduct or to control his or her conduct within the requirements of the law. This defense is often highly technical and requires the testimony of an expert or experts. At Kevin Smith, Attorney at Law LLC, one of our Connecticut Felony Possessing Child Pornography attorneys will review all the evidence and conduct legal research necessary to guide you to the appropriate expert or experts and mount the strongest defense available based on the specific circumstances of your case.

Duress

A Duress Defense involves establishing that the Defendant only committed a crime because he or she was under threat of violence or other immediate and substantial harm, and that he or she was unable to resist or otherwise avoid that harm without committing the crime. In a Connecticut Felony Possessing Child Pornography case, a Duress Defense may involve proving that another person held a gun to the Defendant’s head and threatened to kill him or her in order to force them to Possess the Child Pornography.

Statutory Affirmative Defenses

Under Connecticut General Statutes section 53a-196g, Connecticut law provides for two Affirmative Defenses to Felony Possessing Child Pornography.

First, under Connecticut General Statutes section 53a-196g (1), the Defendant cannot be convicted of Felony Possessing Child Pornography if he or she can prove by a Preponderance of Evidence that he or she: 1. Possessed fewer than 3 images or depictions of Child Pornography; 2. that he or she did not Knowingly Possess the Images or Depictions; and 3. that he or she took Reasonable Steps to Destroy the Images or Depictions.

In the alternative, under Connecticut General Statutes section 53a-196g(2), the Defendant cannot be convicted of Felony Possessing Child Pornography if he or she can prove by a Preponderance of Evidence that he or she possessed a visual depiction of a nude person under sixteen years of age for a bona fide artistic, medical, scientific, educational, religious, governmental or judicial purpose.

An additional Statutory Affirmative Defense is available under 53a-196f, which provides that “it shall be an affirmative defense that the acts of the defendant, if proven, would constitute a violation of section 53a-196h.” This defense, if available, effectively reduces a Conviction from a Class D Felony to a Class A Misdemeanor.

These are only general examples of some of the ways to fight a Connecticut Felony Possessing Child Pornography case. The best defense will always be the one that is tailored to the specific legal and factual characteristics of an individual case. A good defense can not only protect you from the worst possible outcome, it may also help you resolve your case without ever having to go to trial or prison.

During your free initial consultation our Connecticut Felony Possessing Child Pornography defense attorneys will review your case, assess potential defenses and avenues for further investigation, and tell you how we can help you and what you can expect from us.

How Much Does A Connecticut Felony Possessing Child Pornography Defense Attorney Cost?

Every Connecticut Felony Possessing Child Pornography case is unique, and the cost of defending each Connecticut Felony Possessing Child Pornography case will depend upon a number of factors, such as:

• Factual and Legal Complexity of the Case
• Your Attorney’s Experience
• Investigative and Expert Fees
• Court Costs

If you or your loved one are charged with Felony Possessing Child Pornography in Connecticut, you cannot afford to make the wrong decision about hiring an attorney. Though you may be forced to make tough financial decisions about your defense, the cost of hiring the right attorney will always outweigh the costs of the fines and jail time that may come with a conviction that is the result of a poor defense.

At Kevin Smith, Attorney at Law LLC, our Connecticut Felony Possessing Child Pornography attorneys will give you a free consultation to review the expected costs of your defense and help you make the best decision for your future.

Talk To A Connecticut Felony Possessing Child Pornography Defense Attorney For Free

When you or a loved one have been charged with Felony Possessing Child Pornography in Connecticut, it can seem like the whole world is ending, and the fear and anxiety of the situation can be paralyzing. But you must act swiftly and decisively to protect your future.

At Kevin Smith, Attorney at Law LLC, our attorneys act with a single goal in mind: aggressively pursuing all legal avenues to defend you against a Felony Possessing Child Pornography conviction and get you the best possible outcome for your case. The first step on this path is a Free Consultation to review your case and let you know what options you and your family have.

Do not go it alone: we are here for you and your family, and we are ready and waiting to accept the honor of defending you.