Baltimore, Maryland CSAM Defense Attorneys

Lawyers Addressing Criminal Charges Related to Child Pornography in Baltimore

If you have been arrested and charged with a crime, or even if you are being investigated by law enforcement, you will need to make sure to work with an attorney who can help you address the accusations made against you and determine how to avoid a conviction. This is especially true in cases involving child pornography. If you have been accused of possessing or receiving child sexual abuse materials (CSAM), you could face multiple types of serious penalties. The charges may be even more serious if you have been accused of distributing or producing CSAM. Without an experienced lawyer on your side, you could be convicted, sentenced to years or decades in prison, and required to register as a sex offender.

At Craig M. Kadish & Associates, LLC, we have multiple decades of experience representing clients in serious criminal cases, including a large number of cases involving child pornography charges. We regularly represent clients in federal cases heard by the United States District Court in Baltimore, and we understand the defense strategies that are most likely to be successful. Our knowledge of the law in these cases is so substantial that we provide education on defending against child pornography charges for other attorneys, and we often receive referrals from mental health experts who provide treatment for people who are facing charges related to CSAM.

Defending Against Federal and State CSAM Allegations

People who are accused of offenses related to child pornography may face criminal charges at the state level. In Maryland, a conviction for the possession of child pornography may lead to a sentence of as much as five years in prison for each count of the offense, while a conviction for distribution or production of CSAM may result in a sentence of up to 10 years.

In many cases, investigations involving CSAM will lead to federal charges. These investigations may be conducted by federal agencies or local law enforcement officials working with federal task forces. Because CSAM may be accessed through online sources or downloaded to websites, these offenses often involve the use of computer networks located in multiple states or countries, which may make federal charges more likely.

Defending against federal CSAM charges requires a deep understanding of the applicable laws and the facts that may be involved in these cases. Our attorneys have a strong understanding of these issues, including the role that electronic evidence may play during a federal case. We can work with clients to determine the best defenses against a conviction, which may include questioning whether a person knowingly possessed or received CSAM and determining whether evidence may have been obtained through unlawful searches performed by law enforcement.

While we can work to determine whether it may be possible to have a case dismissed or secure an acquittal for a client, when this is not possible, we can negotiate with prosecutors to reduce charges or secure favorable plea agreements. Our goal is to resolve these cases in ways that will minimize the impact on our clients' lives, including by advocating for reduced prison sentences, home confinement, or probation while avoiding or minimizing the requirements to register as a sex offender.

Federal CSAM Offenses and Penalties

The federal laws governing CSAM address:

• Possession of CSAM (18 U.S.C. 2252): Knowingly possessing child pornography or accessing CSAM with the intent to view it is considered to be a federal offense. While federal charges of child pornography possession do not have a minimum sentencing requirement, the penalties can include a sentence of up to 10 years in prison.
• Receiving or Distributing CSAM (18 U.S.C. 2252): Knowingly receiving or distributing child pornography, including distribution through the internet or physically transporting materials across state lines, can lead to more serious charges than CSAM possession. A conviction may lead to a minimum mandatory sentence of five years.
• Production of CSAM (18 U.S.C. 2251): Using, persuading, coercing, employing or otherwise causing a minor to engage in intercourse, sexual contact, or other conduct that is considered to be sexually explicit in order to record or produce visual depictions of the child's conduct is the most serious federal child pornography offense. A conviction will carry a minimum mandatory sentence of 15 years.

Sentencing Guidelines and Enhancements

When determining the appropriate sentences for people who are convicted of CSAM offenses, federal judges will use the United States Sentencing Guidelines (U.S.S.G.), which were established at the federal level by Congress. These guidelines provide recommended prison terms based on a variety of factors. Without representation from an attorney who has a strong understanding of these guidelines, the maximum sentences may be imposed.

Due to the sentencing enhancements that are included in the U.S.S.G., sentences can increase significantly, even for offenses such as CSAM that do not have mandatory minimum sentences. Certain enhancements may affect nearly every defendant, such as the enhancement for using a computer during an offense. Our attorneys have a detailed understanding of the federal guidelines, and we work to ensure that the appropriate sentences will be put in place for clients who are convicted of federal CSAM offenses. When defending clients against these charges, we have been able to secure sentences that are well below what the guidelines would have recommended.

Contact Our Baltimore, MD Child Pornography Defense Lawyers

When you are facing allegations related to child pornography, a strong defense is crucial. The lawyers at Craig M. Kadish & Associates, LLC have the experience needed to address these charges correctly. By getting in touch with us right away, including when law enforcement officials have seized your computer or other devices but you have not yet been charged, we can take steps to protect you. Whether you are facing charges at the state or federal level, we will fight on your behalf, working to resolve your case successfully while minimizing the effects on your life. Contact our Baltimore child pornography attorneys at 410-837-0020 and arrange a free consultation today.