Child Pornography

We understand that being accused of possessing or promoting child pornography can be frightening and frustrating, to say the least. It is extremely common to feel alone and isolated, not knowing who you can trust. Family members and friends are often torn. You need to be able to turn to someone you know you can trust. You need an experienced and compassionate Dallas child pornography defense lawyer on your side.

Police, prosecutors, and courts take child pornography allegations very seriously. These can carry incredibly harsh prison sentences. Moreover, a permanent criminal record and lifetime sex offender registration are the norm. What’s more, a child pornography accusation can be devastating to your family and future. Damage to your reputation and your career can be irreversible. Don’t put your life, family, and future in just anyone’s hands. When you’re facing all this, you need the best possible Dallas child pornography defense attorney in your corner.

Dallas Child Pornography Defense Lawyer

If you or someone you love has been accused of possession or promotion of child pornography in Dallas, contact the Law Office of Mike Howard. Most importantly, Dallas child pornography defense attorney Mike Howard has the experience, trial skills, and dedication that you need when you are fighting for your life. We will do everything we can to fight for you. Moreover, Mr. Howard will give you an honest assessment of your case and explain the law and your legal options.

A Different Kind of Lawyer

We approach our clients differently than a lot of lawyers. Above all, our philosophy is that being a great lawyer is more than getting you a great result. First, our office is centered around you. This means we start by truly listening to you to understand your case and your goals. Further, our team works to provide you a client experience that is as easy and stress-free as possible. Answering your questions and keeping you informed is very important to us. Most importantly, we treat you as a person, not a number. Finally, our goal is to achieve the best possible result for you. If you’re looking for a different kind of lawyer you’ve come to the right place.

Our Case Process

Listen & Understand

We focus on clients as real people. First, we list to understand who you are and what you need. Then we make sure we fully understand the facts of the case.

Open Communication

We explain the law, your rights, and the legal process. Because communication is very important to us, we strive to quickly answer questions and return communication.

Fight for Justice

Simply put: we fight hard for you. In the courtroom, in negotiations, and before a case even is officially opened, we fight for justice for you.

Child Pornography Charges in Dallas

Important Terms Defined

Child pornography (or child porn) is defined under Texas law as any visual material that depicts a child who is younger than 18 at the time of the image was made engaging in sexual conduct.

“Sexual conduct” (Texas Penal Code § 43.25) – means sexual contact, actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

Possession of Child Pornography

A person commits possession of child pornography (Texas Penal Code § 43.26) if they knowingly or intentionally possess child pornography. Another way a person commits this offense is if they knowingly or intentionally access with the intent to view child pornography. Both of these ways of committing possession of child pornography require that the person knows that the material is child pornography.

Promotion of Child Pornography

A person commits promotion of child pornography (Texas Penal Code § 43.26) if they promote or possesses with the intent to promote child pornography and the person knows the material is child pornography.

“Promote” (Texas Penal Code § 43.25) means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or offer or agree to do any of the above.

Resources and Information

See our criminal defense resource center for more information on fundamental rights in a criminal case, definitions of culpable mental states (intentionally, knowingly, etc), defenses to prosecution, and more.

For more information about sex crimes generally, see our sex crimes page.

Child Pornography Penalties

Possession of a Child Pornography

A first offense of possession of child pornography is generally a third-degree felony. As a result, you could face 2 – 10 years in prison and up to a $10,000 fine. A second offense is a second-degree felony. As a result, you could face 2 – 20 years in prison and up to a $10,000 fine. A third or more offense is a first-degree felony. As a result you could face 5 – 99 years or life in prison and up to a $10,000 fine.

Promotion of Child Pornography

A first offense of promotion of child pornography or possession with the intent to promote child pornography is a second-degree felony. As a result, you could face 2 – 20 years in prison and up to a $10,000 fine. A second offense is a first-degree felony. As a result, you could face 5 – 99 years or life in prison and up to a $10,000 fine.

< h2>Defending Child Pornography Charges

Many people (and lawyers) think that someone accused of child pornography charges cannot get a fair trial. Our experience in courtrooms tells us otherwise. These cases are complicated and, depending on the facts, can be quite difficult for the prosecutor to prove. The key to a successful defense is putting the burden and pressure back on the prosecutor.

The prosecutor must prove their allegation beyond a reasonable doubt. If the prosecutor cannot rule out each and every possible reasonable doubt, the presumption of innocence prevails. As a result, the court must find you not guilty. This means you don’t have to prove that you didn’t do it. You don’t have to prove anything!

The only way the prosecution wins is if the jury believes their story is the only reasonable way it could’ve happened. If they have any reasonable doubts that it actually happened, they must find you not guilty. If they reasonably think it could’ve happened another way, they must find you not guilty. This is the highest burden of proof in our justice system. When implemented by a skilled Dallas child pornography defense attorney, it can be a powerful weapon.

Choosing the Right Child Pornography Defense Lawyer in Dallas

Searching for child pornography defense lawyers in Dallas can be overwhelming. After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. You have to be comfortable with them and feel that you can trust the information and advice they give you. Attorneys are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk.

First, talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and answer your questions? Do they show you that you matter to them as a person and not just as a fee? Beware of lawyers who put the hard sell on you, who make big promises. No attorney should ever make a guarantee about a case. Absolutely avoid a lawyer who doesn’t communicate the scope of the work and their fee clearly in a written contract.

What Makes Mike Howard Different

Many lawyers take advantage of their clients’ ignorance of the criminal justice process. We take the opposite approach. A knowledgeable client is a happy client. Therefore, we provide a wealth of information in the way of articles about criminal offenses, blog posts, and videos for free on our website.

Visit Our YouTube Channel for informational videos and client testimonials.
Visit Our blog for posts on cases, defenses, and criminal law information.

Dallas Child Pornography Defense Attorney Mike Howard

Above all, I strive to help my clients through difficult times with compassion and integrity. In Dallas innocent people can get accused, charged, and convicted when they don’t have a Dallas child pornography defense attorney fighting for them. I believe in standing up for people facing criminal accusations and helping them navigate all that comes with being thrown into the criminal justice system.

Client-Centered

The cornerstone of my law practice is focusing on my clients as individuals.  I start by taking the time to understand not just the facts of their case, but who they are and what they need. Because I know the criminal justice system can be intimidating, I explain the process, their rights, and their options. Client communication is extremely important to me, so I make sure my team and I do everything possible to quickly answer questions and return messages.

Willing to Fight

Most importantly, I am willing to fight a case in court.  I have a track record of delivering fantastic results at trial. While not every client and case needs to go to trial, it can make a difference. When your Dallas child pornography defense attorney has a reputation as a skillful trial lawyer who fights for their clients, however, it makes all the difference in the world.