Federal Sentencing: Mitigation of Charges in Child Porn Cases

By Jonathan Rose PA | Criminal Defense

Federal sentencing: mitigation in child porn cases

If you or someone you love has recently been accused of child pornography, you are concerned about state or federal charges and what the potential sentencing could be. Sentencing guidelines play an important role in the outcome, and so do mitigating circumstances. Let’s take a look at the kinds of mitigating factors that could potentially reduce your sentence in child porn cases.

Pass the Sex-Offender Test

People who are accused of sexually abusing children can get their charges lessened if they pass the Abel Assessment. The Abel Assessment is a measurement tool assesses your sexual interest and determines whether you exhibit normative sexual interests, or you display deviant sexual interests.

By passing the sex-offender test, you show that you do not have an innate attraction to children or an exclusive attraction to children. Positive results to the test can be used as a mitigating factor in child pornography cases.

Prove Lack of Contact with Victim

There are two types of sex offenders:

  1.   Contact sex offenders have had physical contact with their victim. For example: taking sexual pictures of or with the underage victim.
  2.   Non-contact sex offenders have not had any actual physical contact with their victim. For example: viewing and possessing child pornography. A non-contact sex offense is a less severe crime than a contact sex offense. Your attorney can use the lack of contact with the victim as a mitigating factor to reduce the charges.

Childhood Trauma as a Mitigating Factor

It is not uncommon for people accused of child pornography to have a history of abuse in their own childhood. Has your childhood trauma had a severe and negative impact on your life?

It is possible that your childhood history of abuse affects your current actions. In such circumstances, childhood trauma can be viewed as a mitigating factor in your child pornography case.

Demonstrate Low Likelihood to Reoffend

A clinical risk assessment typically consists of a judgment by a mental health professional regarding the risk an individual poses. The clinician is usually a psychologist or a psychiatrist who interviews the individual.

By using rating schemes, the clinician is using any available information about the offender’s personality and behavior, as well as the details of the crime, to determine the likelihood of re-offense.

By demonstrating a low likelihood to reoffend, you are essentially providing a mitigating factor to the case that can help lessen charges.

When you are facing a serious allegation, it is important to work with an attorney who has the experience and tenacity to protect your interests. Defense lawyer Jonathan Rose has 18 years of experience representing clients in Orlando and throughout the state of Florida who are facing criminal charges. Call us today to schedule a consultation at 407-894-4555.

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