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The penalty for possession of child pornography in Brookfield, Wisconsin, depends on the age of the person convicted. If under 18, the class I felony could carry a fine of up to $10,000, up to 3.5 years in prison or both; if the convicted is over 18 years of age, the fine could reach $100,000 and the prison term up to 25 years.
Possession of Child Pornography Penalties in Waukesha County
One count of possession of child pornography carries with it a 3-year minimum prison sentence. Each image and video possessed represents the number of charges or counts the state can bring. Most other crimes do not have minimum prison sentences and can be resolved with a fine, probation or a light jail sentence. Lawmakers deemed it appropriate to place such a strict punishment on possessing child pornography, they felt 3-year minimum incarceration was necessary.
It is equally important to stress that 3 years' incarceration is only the minimum. A court can sentence someone to 25 years in prison, fine you $100,000, or both on each individual count of possession of child pornography. That maximum penalty can be assessed to each individual image or video charged in a case.
Waukesha County Child Pornography Attorney
Being accused of possessing child pornography is a very serious accusation. If you are accused, surround yourself with a law firm that is knowledgeable and experienced in criminal defense. Possessing child pornography is defined by Wisconsin statutes as “anyone who knowingly possesses photograph(s) of a child engaging in sexually explicit conduct and reasonably should have known that the child was under the age of 18.” With a possessing child pornography conviction comes a mandatory minimum penalty of 3 years in prison and exposure to an even higher maximum.
How long is a Child Pornography Charge on a record?
Unfortunately, there is no simple way to remove the charge from your record. If no action is taken by you, the charge will forever remain on your record, as the law currently stands. However, there are actions that can be taken in order to have your record cleared. Persons can petition the State for a Governor's pardon. If granted, the governor can forgive this crime. Another possibility could be to request expunction from the Court. These removal actions, while effective, are extremely rare throughout Wisconsin.
How to beat a child pornography charge
In order for one to be found guilty of possessing child pornography, they must be found to have done it knowingly. There are defenses that experienced attorneys can explore that may be able to protect you from a serious felony conviction. A zealous attorney will work with you and explore and discuss all issues of your case to be in the best position to defend your case.
Our Brookfield area attorneys are experienced and knowledgeable to help navigate your case to the best outcome possible. Grieve Law’s legal team will investigate every issue and work vigorously to attempt to get the charges reduced or even dropped!
