We have years of experience defending sex offense cases in Georgia and we are one of the only firms that truly specializes in these cases. Over the years, we have obtained outstanding results for clients charged with sexual offenses in both state and federal court.
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Prosecutors can sometimes charge sexual offenses at the federal level, especially in child pornography and internet sting cases. While federal convictions can carry harsh sentences, Brody Law Firm has obtained an impressive number of dismissals and acquittals for clients charged in both state and federal courts over the years.
To know whether you may be subject to federal charges, there are several potential signs. Did federal law enforcement agents show up at your house with a search warrant? Has a federal prosecutor notified you or your lawyer that you are the target of a federal sex crime investigation? Have you been arrested for a state law offense that is also subject to federal jurisdiction?
We have years of experience defending against state and federal sex crime allegations in Georgia. We know how to be proactive and conduct our own independent investigations, how to persuade prosecutors, what it takes to avoid formal charges, as well as how to develop and present a compelling defense.
Many sexual offenses prosecuted under Georgia law may also be in violation of federal law under Title 18 of the United States Code.
Federal sexual offenses may include:
There are several reasons why an alleged sex offense can head to federal court.
Usually, more severe sex crimes are prosecuted at the federal level. But there is prosecutorial discretion in where you are charged. Other ways a sexual offense can become a federal charge include:
Federal court is a separate system from Georgia’s state courts. There are also different penalties. Federal sentences are often harsher than state-level sentences.
The person may face a mandatory minimum prison sentence, high fines, and sex offender registration if convicted.
Child pornography cases are now heavily investigated by several federal agencies, including the FBI and the Department of Homeland Security. Federal agencies constantly monitor online platforms, file-sharing sites, and group messaging apps where child pornography can be distributed.
When law enforcement finds illegal files, they trace those files, including anyone who uploaded or downloaded them, to the IP address associated with the online activity. This often leads to the execution of search warrants and eventually arrests.
Under federal law, 18 U.S.C. §2256 defines child pornography as any visual depiction of sexually explicit conduct where:
A visual depiction can be a photo, film, video, undeveloped film or video, computer image, computer-generated image, or a digital file stored on a computer or electronic device.
When someone is accused of being involved in a child pornography offense, the person may face charges under one of the following statutes:
In federal court, penalties are increased for those with a prior sex crime conviction. For example, if someone is charged with a child pornography offense and has a prior conviction for an offense involving “sexual abuse,” the person will be subject to an enhanced mandatory minimum sentence. Cases with 5-year mandatory minimums can become 15, cases with 15-year minimums can become 25. Possession charges with no mandatory minimums can be subject to a 10-year minimum for those with a prior sex offense conviction.
I was charged with a serious child pornography crime. Bernard was able to use his in-depth experience and skill and knowledge of computer forensics to prove the allegations against me were false.