Charges related to child pornography among the most severe on the books in New Jersey. The legal system rarely shows leniency to such defendants, even first-time offenders, and there is a strong possibility that you will face jail time if convicted. Get help from a lawyer as soon as you can.
Sometimes statutes require jail time for all violations. The law requires jail for possession of at least 100 items of child pornography, and cases frequently involve much more. Even if jail time is not mandated by law, it is likely built into the New Jersey Sentencing Guidelines, and you would need to present deeply compelling mitigating factors to the judge to convince them to show leniency and reduce jail time.
Get a private, free case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our Atlantic City, NJ child pornography defense lawyers.
Is Jail Time Required for First-Time Offenders in New Jersey Child Pornography Cases?
Criminal charges related to child pornography are some of the most serious charges on the books. It would be very difficult for a defendant to avoid jail time if convicted, even if they are a first-time offender.
Mandatory Prison Terms
The law requires mandatory prison time for defendants convicted of having at least 1,000 items of child pornography. Defendants would be required to serve one-third to one-half of the total sentence imposed by the court or 10 years, whichever is more. The defendant is ineligible for parole during this time.
This applies to first-time offenders. Subsequent offenders may face harsher mandatory prison terms.
Grading of Offenses Related to Child Pornography
Even if mandatory minimum jail time is not statutorily required in your case, jail or prison time is still likely part of the potential penalties.
Possession of child pornography may be charged as a crime of the first, second, or third degree. All these charges carry potential prison time. Even if a mandatory minimum prison term is not required, a third-degree crime carries a potential penalty of at least 3 years in prison, meaning some jail time is likely.
Suspended Sentences
A suspended sentence is one where a defendant is sentenced to prison or jail time, but they may remain free as long as they abide by rules and restrictions imposed by the judge. If the defendant breaks these rules, they may be sent to jail to finish out their sentence.
Now, the question is, can a first-time offender receive a suspended sentence? The answer is no.
Certain offenses are precluded from suspension of sentence and other non-custodial sentencing terms, including…
- Luring or enticing a child
- Luring an adult
- Sexual assault or criminal sexual assault
- Child endangerment (this includes possession of child pornography)
Additionally, possessing 100 or more items of child pornography triggers mandatory imprisonment.
How Can a First-Time Offender Avoid Jail Time for Child Pornography Charges?
Once convicted, a defendant facing child pornography charges is highly unlikely to avoid jail time. It is a stronger strategy to try to avoid the conviction altogether to avoid jail time.
Fourth Amendment Violations
Was evidence of the child pornography seized illegally? Searches of cell phones, computers, and other devices generally require a search warrant. However, warrantless searches are permissible, but only under very specific, limited circumstances.
If the police seized your devices and searched them without a warrant, we must make them prove that special conditions existed to allow the warrantless search. If they cannot prove that such conditions existed, we should challenge the evidence for being seized in violation of your Fourth Amendment rights.
Unintentional Possession
Simply viewing or downloading child pornography may not be enough to secure a conviction for possession charges. Defendants must have been proven to have the intent to possess the illegal images.
If you viewed child pornography by accident by clicking a suspicious link or because a computer virus downloaded the images, our New Jersey child pornography defense attorneys can argue that your possession was accidental rather than intentional.
Mitigating Factors
The judge considers the fact that a defendant is a first-time offender during sentencing as a mitigating factor. While we can highlight your lack of a criminal record during sentencing if you are convicted, child pornography cases also often involve many aggravating factors.
To avoid jail altogether, there would need to be extremely compelling mitigating factors other than the defendant’s lack of criminal history.
Will a Judge Show Leniency During Sentencing for a First-Time Child Pornography Offender?
It is unlikely that a judge will show leniency without highly compelling mitigating factors. The fact that a defendant is a first-time offender may be considered, but it is probably not enough to convince a judge to reduce prison or jail time.
Does it Matter if a Child Pornography Defendant Has a Clean Criminal Record?
A defendant’s criminal history is often considered during sentencing. Those with no prior criminal history may receive a somewhat more lenient penalty than those with more extensive records. However, child pornography cases are often rife with aggravating factors that may lead to increased penalties.
Can Someone Convicted of Child Pornography Charges Be Released from Jail Early?
Charges for the possession of child pornography are generally precluded from non-custodial sentencing, including suspended sentences, probation, and parole. As such, it is highly unlikely that a person convicted of possession of child pornography will be eligible for early release. In fact, if a defendant is convicted of having 1,000 items of child pornography or more, they must face mandatory minimum prison terms.
What Are Important Mitigating Factors in Child Pornography Cases
Important mitigating factors in a child pornography possession case may include, but are not necessarily limited to…
- The defendant’s criminal record
- Cooperation with law enforcement
- Low risk of reoffending
- Genuine remorse
- Proof of sexual addiction or trauma
Do First-Time Offenders Convicted of Child Pornography Charges Have to Register as Sex Offenders?
Yes. In New Jersey, those convicted of possessing child pornography must register for life as a sex offender. Failure to register may be charged as another criminal offense, and you could face further penalties.
Receive Legal Help Now by Calling Our New Jersey Child Pornography Defense Attorneys
Get a private, free case evaluation by calling the Law Offices of John J. Zarych at (609) 616-4956 and talking to our New Jersey child pornography defense lawyers.
