Albany Child Pornography Lawyer

New York’s laws go to great lengths to protect children. Any allegation of a crime is made much worse if the alleged victim is a child. A prime example of this is child pornography laws. These laws make it illegal for any person to use a child for any sexual purpose, to allow a child to be used for a sexual purpose, or to possess any material depicting a child in a sexual manner. All of these allegations are serious crimes and can result in a felony conviction.

An Albany child pornography lawyer at Tully Rinckey fights tirelessly for the accused to prevent this from happening. Our aim is to use our experience to protect the rights and liberties of our clients at every stage of the process – from an initial charge through trial and even after.

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Child Pornography Laws

The laws in New York that specifically address child pornography classify the charge as one associated with a “sexual performance.” According to New York Penal Code §263.00, a sexual performance is any play, motion picture, photograph, or dance that depicts a person under the age of seventeen in a sexual manner.

The act of forcing children to participate in these activities is made illegal by New York Penal Code §263.05. This states that it is illegal to induce or convince a child to participate in the production of any sexual performance material. These charges are a class C felony.

Similarly, it is also illegal to actually produce this material. New York Penal Code §263.10 says that any person who creates a sexual performance of a child under the age of seventeen is guilty of a class D felony.

Finally, it is illegal to simply possess any of these materials under New York Penal Code §263.11. This statute only applies if the child depicted is under the age of sixteen. A violation here is a class E felony making it imperative that an Albany child pornography attorney is consulted.

Defenses Against These Charges

For allegations of possession of child pornography, a prosecutor must prove the person in possession of the material knew they had it, and what it was. Because of the illegal nature of this material, it is often spread by computer programs that use unwitting individuals’ machines as carriers. If this is the case, the person in possession may not have been aware.

Albany child pornography attorneys may also be able to argue that the accused had a good faith reason to believe the person depicted in the material was not underage. In general, an individual must have actual knowledge that the person in the image is underage for a prosecutor to prove their case. When applicable, our lawyers fiercely argue these defenses, and more, in court.

An Albany Child Pornography Attorney Can Provide an Aggressive Defense

Any allegation involving child pornography is a very serious one. A conviction for even the mere possession of this material is a felony level offense that could result in multiple years in prison. Anyone facing these charges needs to take every measure available to present a powerful defense.

If you are facing child pornography charges in Albany, work with our skilled team of trial-tested defense attorneys. The Albany child pornography lawyers at Tully Rinckey can apply the relevant law and any applicable defenses to your case, and build a strong presentation in your defense in court. The stakes for a conviction are high; do not take any unnecessary chances. ou can contact us 24 hours a day, 7 days a week via phone at 8885294543, or by e-mail at info@tullylegal.com.

You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.

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I was most fortunate to be able to hire Derrick Hogan on two separate occasions to fight tickets for us. I cannot even begin to tell you what kind of a professional we were dealing with. His character matched his ability as an attorney. Having to hire an attorney for an out of town situation was a very difficult decision to make. I feel so blessed with dealing with this esquire. Mr. Hogan handled us like a symphony. He was extremely kind, brilliant, confident, sincere, and worked very hard on our behalf. He takes great pride in his work and it certainly shows. I have never in my entire life worked with anyone this professional or more highly qualified. If you decide to hire Derrick Hogan, you will have made the decision to hire the best attorney possible. Sometimes driving a Lexus is a smoother ride than driving a Dodge. You would be getting a Lexus with this lawyer. I give him five stars; he is a superstar himself. What a pleasure for me to recommend Derrick Hogan. Derrick is the absolute BEST of the BEST.

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Tully Rinckey PLLC's professionalism put me right at ease. They had all charges against me dropped! I truly felt they earned my whole retainer and they even sent me back what was not used. I did not feel overcharged by Tully Rinckey PLLC at all. Their hard work kept me from getting a criminal record that would have affected me for the rest of my life. For this I am grateful. I have never been in trouble in my entire life. Getting arrested, being put in jail and losing my job, changed me to the core. Because of all the hard work done by them, I have a new life to live. For that, I cannot ever thank them enough!

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Derrick Hogan at Tully Rinckey handled my case and I feel fortunate that he was my lawyer. I called to talk with someone about my case and by chance was connected with Mr. Hogan. He listened, asked good questions, and gave me all the information I could have asked for. He explained every step, what would or could happen in very clear and easy to understand terms. I was sent a retainer and explained the case would be covered by a flat fee, and that anything that came up in the future relating to the case would be fully covered by that fee. Although my case was probably one of the simpler, easier cases they handle, Mr. Hogan always made me feel that my case was important to him. He always urged me to call him if I had questions or wanted him to go over anything again. He even called me to follow up before I had to call him â€“ something I find is rare with almost any professionals these days. He treated me with utmost courtesy and respect, was knowledgeable, and reassuring.

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I contacted Tully Rinckey PLLC for representation and upon doing so, obtained Derrick Hogan as my attorney. Derrick was extremely comforting through the entire process and I was treated with dignity and respect right from the beginning. Derrick was very supportive and shared information with me every step of the way. I personally feel that Tully Rinckey hit a home run with putting Derrick Hogan on its team. Selecting Tully Rinckey was the right choice for me and I highly recommend both Derrick and the firm for anyone seeking professional representation.

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