Nashville Child Pornography Lawyer

Nashville Child Pornography Attorney

Facing child pornography charges can be devastating. You may be wondering how these charges will impact your professional and private life. Discussing your case with a Nashville child pornography lawyer can help you understand your legal options and how to build a strong defense.

Hire a Child Pornography Lawyer

Child pornography charges are taken very seriously in Tennessee, and you need a criminal defense lawyer in Nashville who will advocate for you and work to protect your rights. The Law Office of Cesar Arbelaez provides experienced representation. Attorney Arbelaez spent four years working as a prosecutor in the Davidson County District Attorney’s Office before opening his practice in criminal defense.

Child Pornography Penalties in Tennessee

Nashville’s child pornography laws are strict. Child pornography is a criminal felony offense. Tennessee classifies felonies into five categories, where Class A is the most serious offense under state law. Common penalties for various felonies related to child pornography include:

• A Class B Felony could carry a prison term of not less than 15 years or more than 60 years and a fine of up to $50,000
• A Class C Felony could carry a prison term of not less than three years or more than 15 years and a fine of up to $10,000
• A Class D Felony could carry a prison term of not less than two years or more than 12 years and a fine of up to $5,000
• A Class E Felony could carry a prison term of not less than one year or more than six years and a fine of up to $3,000

Data from the US Sentencing Commission show there are 8,508 federal prisoners serving time for child pornography offenses. Data show that 80% of offenders are white, and the average age of offenders is 42.

Statewide in 2023-2024, according to data from the Tennessee Judiciary, there were 9,585 other offenses against public welfare cases filed that include child pornography charges. There were 403 filings in Davidson County during the same time period.

What Happens if You Are Arrested for Child Pornography

In Nashville, criminal cases are investigated by the Metropolitan Nashville Police Department. The department is headquartered at 600 Murfreesboro Pk, Nashville, TN 37210.

If you are arrested on felony charges, you can expect to be taken to the local jail to go through the booking process. This process will typically include fingerprinting, taking mugshot photos, conducting a personal belongings inventory, formal booking into the system, and potential questioning by law enforcement. Then you can expect the following:

• Within 48 hours, you will have the opportunity to attend a bond hearing or arraignment. This will happen in court in front of a judge. During this process, you will hear the charges against you, and the court will determine if you are eligible for bail and will determine the amount.
• Next is the preliminary hearing. During this phase, the judge will determine if there is enough evidence to prove that the felony charges are valid. Your attorney will be able to challenge the evidence, cross-examine the arresting officer, and try to get the charges reduced or dismissed.
• If the case moves forward, it will next be heard by a grand jury. A grand jury hears evidence and determines if there is enough evidence to issue an indictment and move the case to criminal court proceedings.
• Criminal court proceedings involve pretrial motions, including motions made by the defense to suppress evidence. Your defense attorney will review witness statements, bodycam footage, police reports, and any other evidence. Negotiations with the District Attorney will occur during this phase.

Felony cases typically resolve through a dismissal in cases where there is insufficient evidence or there have been constitutional violations. Another outcome is a plea deal. A plea deal may include a guilty plea to reduced charges in exchange for a lighter sentence. Cases can also go to trial, where a jury will hear evidence and decide the outcome.

FAQs About Nashville, TN Child Pornography Law

What Are the Criminal Penalties for Child Pornography Charges in Nashville, Tennessee?

Criminal penalties for child pornography charges in Nashville, Tennessee, are addressed under Tennessee Title 39 – Criminal Offenses. If an individual is found guilty of possessing child pornography, they can be charged with a felony based on the number of images in their possession. If there are fewer than 50 images, it may be a Class D felony; more than 50 may be a Class C felony; and greater than 100 images may be a Class B felony.

How Does Tennessee Law Define Possession, Distribution, or Production of Child Pornography?

Tennessee law defines the possession, distribution, or production of child pornography as an illegal criminal offense. In cases of this nature, the prosecution is not required to prove the actual age or identity of the minor. Possession is classified as a Class E felony; distribution is charged as a Class C felony; and production is a Class B felony.

What Defenses Might a Nashville Child Pornography Lawyer Use to Fight These Charges?

A Nashville child pornography lawyer may use a variety of defense strategies to fight charges. A defense attorney in a child pornography case may question the authenticity of the images. An attorney may also question whether the evidence was legally obtained. Another defense strategy may include determining if evidence was properly collected and handled.

Can Digital Evidence, Such as Files or Images Found on a Computer, be Challenged in a Nashville Child Pornography Case?

Digital evidence, such as files or images found on a computer, can be challenged in a Nashville child pornography case. An attorney may argue that the images were present due to an accidental download or malware. A defense attorney may present expert testimony from a digital forensic expert who may analyze the evidence and testify to the methods used to obtain it or its validity.

Contact Nashville Child Pornography Lawyer

If you are facing child pornography charges, you want an attorney who is on your side. The Law Office of Cesar Arbelaez can help you navigate the legal system and devise a strong defense. Contact the office to set up a consultation today.

Nashville, TN Child Pornography Law Resources:

• Franklin, TN Crime Rate – Latest Statistics
• Tennessee Crime Rate Statistics
• Murfreesboro, TN Crime Rates and Statistics
• Nashville, TN Crime Rates and Statistics
• What Are the Top Five Crimes Committed in Tennessee?
• What Is the Difference Between Parole and Probation in Tennessee?
• How Much Does a DUI Cost in Tennessee?

Serving Nashville and Middle Tennessee

When you’re facing criminal charges in Nashville or throughout Middle Tennessee, your future, freedom, and reputation hang in the balance. At the Law Office of Cesar Arbelaez, we understand that a conviction can devastate not only your life but also the lives of your family members. Our dedicated criminal defense attorney brings nearly a decade of experience fighting for clients accused of crimes ranging from misdemeanors to serious felonies.

Based in Nashville and serving the greater Davidson County area, The Music City Defender has built a reputation for aggressive representation and strategic defense work that protects clients’ Constitutional rights at every stage of the criminal justice process. Whether you’re facing charges in Nashville’s municipal courts, Tennessee state courts, or federal court, our firm has the experience and resources necessary to mount a comprehensive defense tailored to the unique circumstances of your case.

Whether you’ve been arrested for a DUI on Broadway, charged with assault in downtown Nashville, accused of drug crimes, or facing any other criminal allegations in Middle Tennessee, partnering with a Nashville criminal defense lawyer who understands Tennessee’s criminal justice system and is prepared to fight relentlessly for your rights can be the decisive factor between conviction and freedom, between a ruined future and a second chance.