If you are currently facing sex crime charges, it is important to be aware of both the elements of the crime charged and the elements considered for sentencing if you are convicted of the crime. The elements weighed for sentencing may be different than those needed to find a defendant guilty, and if certain elements are present it may result in increased penalties.
For example, in a recent federal appellate case which arose out of a Florida district court, the court held that the sentencing guidelines for child pornography allow for enhanced sentencing for a person convicted of possession of child pornography, if the offender is determined to have produced or caused the production of such pornography. If you are a resident of Clearwater currently facing sex crime charges, you should consult a skilled Clearwater sex crimes defense attorney to help you develop a plan to help you retain your rights.
Defendant’s Conviction and Sentencing
Allegedly, the defendant was convicted of conspiring to receive and possess child pornography and receiving child pornography. He was sentenced to 480 months in prison. He appealed his sentence on the grounds that the trial court erred when it determined that he’d produced or caused the production of child pornography in determining an appropriate sentence. He further argued his sentence was unreasonable due to certain mitigating factors such as his lack of criminal history, his record of public service, and his unstable childhood. On appeal, the court affirmed his sentence.