Child Pornography Defense Attorney in Fresno

25+ Years of California Trial Experience, Defending Only the Accused

Child pornography charges carry immediate, severe consequences, and the window to build an effective defense narrows quickly once an investigation begins. At Schweitzer & Davidian, Eric Schweitzer and Annie Davidian bring more than 25 years of combined California trial experience to these cases, defending clients at both the state level in Fresno County Superior Court and the federal level in the U.S. District Court for the Eastern District of California. This firm has never worked for the prosecution. Every case we take is evaluated for a genuine path to justice before we agree to represent a client.

Early involvement by defense counsel expands the options available before formal charges are filed. If you or someone you know is under investigation or has been charged, acting now matters.

Contact Schweitzer & Davidian for a free consultation. We serve clients in Fresno, Clovis, Visalia, and throughout Fresno County. Call (559) 206-2322 today.

What California Law Defines as Child Pornography

California Penal Code 311 governs child pornography offenses in the state. Under that statute, child pornography is material that depicts a minor under 18 years of age participating in or performing a sexual act. The law covers a wide range of conduct: possession, distribution, transportation, production, advertisement, and hiring or coercing a minor to participate.

Knowledge is a required element. To sustain a conviction, the prosecution must prove the defendant knowingly possessed or distributed the material. Many offenses under Penal Code 311 are charged as wobbler offenses, meaning they can be filed as a misdemeanor or a felony depending on the specific circumstances. Two situations arise more often than most people expect: a false claim of being underage does not, by itself, establish a child pornography charge under California law, and teen sexting between minors can trigger possession or distribution charges even when no adult is involved.

California Penalties Under Penal Code 311

Sentencing ranges under Penal Code 311 vary significantly by charge category. How a charge is filed and the defendant’s prior criminal history can affect the outcome substantially.

• Possession (PC 311.11): Up to one year in county jail and a fine up to $2,500 as a misdemeanor, or 16 months, two, or three years in state prison as a felony for a first offense, with enhanced penalties of up to six years for those with prior qualifying sex offense convictions.
• Distribution or transportation with intent (PC 311.1): Up to one year in county jail and a fine up to $1,000 as a misdemeanor, or up to three years in state prison and a fine up to $10,000 as a felony. Commercial distribution under PC 311.2 carries higher penalties, including fines up to $100,000.
• Sexual exploitation of a child (PC 311.3): A first offense is a misdemeanor carrying up to one year in county jail and a fine up to $2,000. A second offense is a felony and carries steeper penalties.
• Hiring or recruiting a minor (PC 311.4): Employing a minor to assist in distributing or selling obscene material is a wobbler, with misdemeanor penalties up to one year and a fine up to $2,000, or up to three years in state prison as a felony. Coercing or inducing a minor to participate in the production of child pornography is a straight felony: up to three years in state prison without commercial intent, or three, six, or eight years if the material was intended for commercial use.

Every conviction also requires registration as a sex offender under California’s Sex Offender Registration Act, codified at Penal Code 290. California uses a tiered sex offender registration system, and the applicable tier determines how long registration is required. Registered individuals must provide annual updates and re-register any time they move, with their information potentially appearing in public databases. Additional consequences can include loss of child custody or visitation rights and serious damage to professional licensing.

When a Fresno Case Escalates to Federal Court

A California state charge can become a federal charge when child pornographic material is distributed or transferred across state lines. Federal child pornography offenses under 18 U.S.C. Chapter 110 are investigated by agencies including the FBI and Homeland Security Investigations, and cases arising from Fresno are heard in the U.S. District Court for the Eastern District of California.

Federal convictions carry mandatory minimum prison sentences and substantially higher maximum sentences than California state convictions. Federal sentencing guidelines are also structurally distinct from California’s rules, and experience in federal court is meaningfully different from state court practice. We’ve fought against powerful, proven prosecutors at both levels and are prepared to defend clients wherever the case is filed.

Defense Strategies in Child Pornography Cases

No two cases are identical, and the defenses available depend on the specific facts. Digital forensics analysis is often central: metadata, download history, and device access logs can support or undermine the prosecution’s timeline. We examine the evidence closely before identifying which arguments apply.

Lack of Knowledge
The defendant was unaware of the material on their device, particularly where others had access or shared use of it.

Unlawful Search and Seizure
Evidence obtained without a valid warrant or probable cause may be suppressible. We pursue suppression aggressively when investigators overreached, including warrantless searches of phones and computers.

Entrapment
If law enforcement induced or pressured the defendant into conduct they weren’t predisposed to commit, an entrapment defense may apply.

Innocent or Inadvertent Possession
The defendant didn’t seek out the material and had no intent to possess it.

Third-Party Possession
Establishing that another person possessed or distributed the material can create reasonable doubt about the defendant’s culpability.

Challenging the Legal Definition
Arguing that the individuals depicted weren’t minors, or that the material doesn’t meet the statutory definition under Penal Code 311.

Why Fresno Clients Choose Schweitzer & Davidian

Eric Schweitzer has practiced criminal defense since 1995. Neither he nor Annie Davidian has ever represented the prosecution. Every strategy, every motion, and every courtroom instinct at this firm has been developed entirely in defense of the accused. We take only cases where we believe the client has a fair path to justice, which means clients we represent receive focused attention from the attorneys who will actually appear in court.

Trial-Ready Representation
We’re committed to going to trial when that’s what the situation demands. Clients are kept informed at every stage and included in every key decision.

Respected in the Fresno Legal Community
The firm receives referrals through word-of-mouth from other law firms, a reflection of the reputation Eric Schweitzer and Annie Davidian have built over decades of criminal defense work. Schweitzer & Davidian is recognized on Super Lawyers and holds a Martindale-Hubbell Peer Review Rating. We are members of California Attorneys for Criminal Justice.

Bilingual Services
Hablamos español. Spanish-speaking clients are welcome.

Schedule a Free Consultation with a Child Pornography Lawyer in Fresno

The earlier a defense attorney is involved, the more options remain available. Whether you’re facing a state charge in Fresno County Superior Court or a federal investigation, Schweitzer & Davidian can evaluate your case and tell you honestly what we can do. We serve clients in Fresno, Clovis, Visalia, and throughout Fresno County.

Call (559) 206-2322 or use our online contact form to schedule your free consultation.