Major Case Results
MAJOR CASE RESULTS
In the State of New York, there are few crimes that will garner as much news coverage as the crime of Child Pornography. With sentences ranging widely depending on the circumstances and whether or not the defendant is charged in Federal or State Court, it is easy to see why having a fully experienced New York and Federal Criminal Defense Lawyer to assist you could mean the difference between a lengthy prison sentence and your freedom.
Troy A. Smith is an experienced criminal defense attorney with over 18 years of federal and state criminal litigation and appellate experience from his former positions as criminal defense counsel in the United States Army (where he was dubbed the “Acquittal King“), and a former New York City homicide prosecutor.
If you are accused of possession or distribution of child pornography or any other crime in the State of New York, you want Attorney Troy Smith by your side.
Child Pornograghy Suspect gets Probation and Registered Sex Offender Status
Criminal Defense Attorney Troy A. Smith recently represented a White Plains individual charged with downloading and sharing child pornography on a peer to peer network. The case was originally filed in White Plains City Court and was subsequently transferred to Westchester County Supreme Court.
Downloading and sharing child pornography is a violation of New York Penal Law Section 263.10. It is a Class D felony punishable by up to four years in prison. There is no mandatory minimum sentence of jail for this crime. The individual in question was arrested pursuant to a search warrant and seizure of computer that revealed more than 80 digital images and videos many of which show prepubescent boys and girls entering into sexual acts with adult individuals. Almost all of the videos had sexually explicit titles.
Attorney Smith successfully negotiated a plea deal for his client whereby he avoided any jail time whatsoever! He received a sentence of 10 years of probation with registration as a sex offender.
Had the client not accepted the plea deal in state court and wanted to fight the case, the Westchester District Attorney’s Office likely would have turned the case over to the Southern District of NY. It is a federal offense under 18 United States Code (USC) Section 2252A to possess and share child pornography over the Internet. Even sharing just one digital image over the Internet carries a mandatory minimum of five years in federal prison.
An individual convicted of this federal offense could be sentenced for up to 20 years in federal prison based on a number of factors to include the quantity of images that are shared and the nature of the images shared. In other words, Attorney Smith’s client, who is being offered probation and faced only a maximum of four years in jail in state court would be sentenced in federal court to a mandatory minimum of five years in prison and would likely be sentenced to many more years based on the fact that there were over 80 images and videos of child pornography, many of which involved children under 12 years of age engaging in sexual acts with adults.
If you’ve been charged with child pornography you need Attorney Troy A. Smith on your side!
Attorney Troy A. Smith represents clients in both New York State and Federal Court focusing on the Southern and Eastern Districts of New York.
The Southern District of New York’s jurisdiction encompasses the counties of New York (Manhattan), Bronx, Westchester, Putnam, Rockland, Orange, Dutchess and Sullivan. The Eastern District of New York’s jurisdiction includes the Counties of Kings (Brooklyn), Queens, Richmond (Staten Island), Nassau, and Suffolk.
The United States Attorney’s Office for the Southern and Eastern Districts of New York represent the United States in civil and criminal litigation in federal court. Courthouses in the Southern District of New York are located in Manhattan, White Plains, and Middletown. Courthouses in the Eastern District of New York are located in Brooklyn and Long Island.
If you’re in need of an experienced NY Criminal Defense Lawyer with a strong case results record contact Criminal Defense Attorney Troy A. Smith at (212) 537-4029 or by email at Troy@JAG-Lawyer.com, or use the contact form HERE.