If you have been charged with Revenge Pornography in Orange County, you should contact The Atias Law Firm, a criminal defense law firm in Orange County.  Revenge Pornography is usually considered nonconsensual pornography associated generally with California computer crimes The relevant portion of the law that is applicable to Revenge Pornography in Orange County is summarized below. However, the full text of the Revenge Pornography laws in Orange County can be found in California Penal Code Sections 647(j)(4). To prove that the defendant is guilty of Revenge Pornography, the Prosecutor must prove that:

• The defendant has an image of the intimate body part of another identifiable person, or an image of that person engaged in sexual intercourse, sodomy, oral copulation or masturbation;

• The defendant intentionally distributes that image by way of distributing the image, arranging the image for distribution, request the image to be distributed or intentionally cause another person to distribute the image;

• There was an understanding between the defendant and that person that the image would remain private;

• The defendant knew or should have known that the distribution of the image would cause the person serious emotional distress;

• The person depicted suffers serious emotional distress

The Revenge Pornography laws in Orange County can be confusing to a defendant charged with that crime. At The Atias Law Firm, a criminal defense law firm in Orange County, we know the ins and outs of these particular criminal charges and we will work hard to get your case dismissed or lowered to a lesser offense, such as assault.

Will I Go To Jail?

Possibilities & Penalties For Revenge Pornography in Orange County

Revenge Pornography is generally a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000.00.  When dealing with a second offense for revenge porn or a victim that was a minor at the time, the penalties increase to one year in county jail and a fine of up to $2,000.00.  As detailed below, The Atias Law Firm will assist with getting your case reduced to a lower crime or your case dismissed altogether.

Defenses to Revenge Pornography in Orange County

Our team of criminal defense attorneys know the defenses that may help get your Revenge Pornography charges reduced or dismissed. There are a number of defenses to Revenge Pornography in Orange County, however the applicability of those defenses depends on the facts of your case. For instance, you may distributed the image in the course of reporting an unlawful activity, in compliance with a subpoena or other court order for use in a legal proceeding or in the course of a lawful public proceeding. Another defense is that you didn’t intentionally distribute the compromising image or that you posted/emailed the wrong image, believing it was one that did not have sexual content. Other defenses include that you did not intend to cause emotional distress to the victim in the you honestly believed the image would be a harmless joke.

Reducing Charges to Misdemeanor Revenge Pornography To A Lesser Charge

When the prosecutions case is strong and they are pushing for a greater sentence of Revenge Pornography, sometimes the best tactic is to try to work out a plea deal with the Prosecutor and reduce the charge to obtain a lesser sentence Revenge Pornography. The criminal defense lawyers at The Atias Law Firm will help navigate you to getting your Revenge Pornography charge reduced to a lesser charge, perhaps even dismissed.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Revenge Pornography, then you may face increased penalties in your current Revenge Pornography case. The Atias Law Firm aggressively challenges any prior convictions. For instance, if your prior Revenge Pornography conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Revenge Pornography penalties.

What Should I do about an Revenge Pornography charge in Orange County?

Contact The Atias Law Firm today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.