Can a Child Pornography Charge Be Dismissed in NYC?

Accusations of possession, distribution, or any other child pornography offense are some of the most serious criminal allegations you may face. After an allegation, many feel overwhelmed and worried for their futures. One common question defendants have is, “Can a child pornography charge be dismissed in NYC?” The team at Greco Neyland, PC, can help you better understand your rights and provide an overview of options for potential dismissals in these situations.

About Us

Greco Neyland, PC, is committed to assisting the people of Manhattan, Brooklyn, and communities throughout New York City with their child pornography cases. Our team has decades of combined legal experience working as both prosecutors and criminal defense attorneys in a range of criminal matters. We’re proud to offer thorough, unbiased, aggressive defense services focused on protecting the futures of our clients.

Overview of Child Pornography Charges in New York City

In 2024, 1,375 individuals were sentenced for offenses involving child pornography nationwide. Child pornography charges are serious crimes that involve the possession, trafficking, distribution, or buying of illicit material involving minors. They can be tried at the state or federal level, depending on the scope of the case and the details involved.

State-level child pornography cases in New York are processed through the Supreme Court, Criminal Term systems for each borough. Federal-level offenses are either heard at the Southern District of New York in Manhattan or the Eastern District of New York in Brooklyn.

Potential Strategies to Secure Dismissal for Child Pornography Charges

When facing potential criminal penalties that can last a lifetime, many defendants look for options to mitigate the consequences against them or even have their charges dismissed. Although a dismissal is rare, there are limited opportunities that may arise that allow a defendant to combat their charges. Potential strategies include:

• Lack of Sufficient Evidence. In some cases, the prosecution may lack sufficient evidence to prove beyond a reasonable doubt that offending material was possessed, promoted, or produced.
• Illegal Search or Seizure. Evidence in your case that was gained through an illegal search or seizure that violated your Fourth Amendment rights may be suppressed. Suppressed evidence cannot be included in the prosecution’s arguments.
• Procedural Errors. Mistakes made by the prosecution or law enforcement can be used for a case dismissal in qualifying instances. Examples include errors made in documentation, failure to read Miranda rights, or a proceeding that extends beyond State speedy trial guidelines.
• Lack of Knowledge or Intent. All child pornography cases require a person to knowingly, or should have reasonably known, that a party was underage in a case. Ample evidence that demonstrates ignorance of a victim’s age may be used to secure a dismissal.

Hire a Child Pornography Lawyer in NYC Today

The serious nature of all child pornography charges makes it critical that you hire a NYC child pornography lawyer to help with your defense. They can advocate on your behalf throughout the proceedings and advise you on which dismissal strategy is strongest for your specific situation. Our team at Greco Neyland, PC, can use our years of legal experience, knowledge, and skills to make a positive impact on your situation.

Contact us today to schedule your initial consultation. In this meeting, we can learn your side of the story, explain your charges, and explore your various options for moving forward in your case.