Alexandria Child Pornography Lawyer
Some of the most serious criminal offenses that an individual can be facing in Virginia are child pornography charges – which come with severe penalties that can change a defendant’s life forever. Whether you have been charged with the possession, production, solicitation, or sharing of such illegal files, it is crucial to work with an experienced Alexandria, VA child pornography lawyer who can help you mount a strong defense and fight back. Facing child pornography charges can be overwhelming, especially with strict child pornography sentencing guidelines that could result in severe penalties.
The skilled criminal defense team at Johnson/Citronberg has years of combined experience successfully representing individuals in Alexandria and surrounding areas. We understand the high stakes of child pornography cases, including severe fines, mandatory sex offender registration, and long-term incarceration.
By leveraging our deep knowledge of federal and Virginia State law, we can help you successfully navigate your criminal defense process. In many cases, forensic evidence plays a major role in child pornography cases, and challenging digital evidence can be crucial in your defense. Computer forensic experts can analyze the data on your devices to determine how files appeared and whether unauthorized access occurred.
Virginia State Laws on Child Pornography
Virginia Code § 18.2-374.1:1 specifies the different offenses related to child pornography. A diligent attorney can help you successfully defend against the following charges:
- Possession. Defendants who have any material that is considered to be child pornography knowingly on their devices can face a Class 6 felony, which can come with up to a five-year prison sentence. A second or further offense can be escalated to a Class 5 felony, potentially yielding even more serious penalties.
- Reproduction or distribution. Anyone who gives away, sells, distributes, or electronically shares child pornography on purpose can face 5 to 20 years in prison. Subsequent offenses come with a mandatory minimum prison sentence of five years.
- Facilitation and solicitation. Anyone who persuades or tries to convince another individual to share child pornography with them – especially to get entry into a network or group – faces penalties of 5 to 20 years in a state correctional facility.
- Operating a website that has child pornography. Anyone who runs a website that is facilitating payments to gain access to child pornography could be facing a Class 4 felony. This child pornography charge is one of the most severe. Understanding the difference between state and federal charges is crucial, as penalties vary depending on how the case is prosecuted. State and federal child pornography charges have key distinctions that impact sentencing.
Federal Child Pornography Laws
Individuals facing charges for child pornography on the federal level could be dealing with even stricter consequences. Federal sentencing guidelines can result in lengthy prison terms, particularly for repeat offenses or aggravated circumstances. Sentencing in federal child pornography cases can be harsh, Sentencing in federal child pornography cases can be harsh, which is why having skilled legal representation is important to navigating the legal process and protecting your future.
For example, under 18 U.S.C. § 2251, the production of child pornography can lead to a prison sentence ranging from 15 to 30 years. Furthermore, under 18 U.S.C. § 2252, anyone who receives, distributes, or possesses child pornography could be dealing with prison time ranging from 5 to 20 years.
18 U.S.C. § 2260 also imposes severe federal penalties for anyone convicted of producing child pornography that is contended for U.S. importation. When child pornography-related offenses involve international or interstate commerce, such as crimes carried out using the web, these crimes can be prosecuted on the federal level.
Defending Against Charges With an Alexandria, VA Child Pornography Lawyer
As child pornography allegations are extremely severe, it’s crucial to mount a strong defense that is proportional to the situation. A dedicated Alexandria, VA, child pornography lawyer from our firm is here to help develop a detail-oriented, innovative criminal defense solution that reflects your unique case details. Defenses against child pornography charges can vary, from proving unauthorized access to highlighting flaws in the prosecution’s forensic analysis. Common defense strategies can help fight these charges effectively. From arguing malware and hacking to demonstrating a lack of knowledge, we are here to mitigate your charges and penalties.
FAQs
What Penalties Do You Receive for Possessing Child Pornography in VA?
Under Virginia Code § 18.2-374.1:1, possessing content that is considered to be child pornography is classified as a Class 6 felony. This can come with a penalty of up to five years in prison. A second or repeat offense is classified as a Class 5 felony, which yields even harsher penalties. It is vital to work with an experienced criminal defense lawyer who can inform you of your rights and options and who understands the specific penalties you are facing.
What Are the Penalties for Distributing or Producing Child Pornography in VA?
The penalties for distributing or producing child pornography in Virginia could range from 5 to 20 years in prison. In cases of repeat offenses – or if the material contains particularly sadistic or violent content – penalties could be even more severe. Additionally, if the crime is being charged at the federal level, the associated penalties can significantly increase.
Can I Be Charged for Simply Viewing Child Pornography Online?
Yes, you can be charged for simply viewing child pornography online. Even if you just download or quickly view the material without sharing or distributing it, you could be dealing with severe felony charges under Virginia or federal law. Penalties could involve severe fines, long incarceration periods, and a permanent criminal record.
Law enforcement frequently monitors online activity, including dark web usage, to identify potential offenders. The risks of internet sex crime charges and dark web activity can lead to serious legal consequences. If you are facing charges for viewing child pornography online, contact a knowledgeable attorney.
Can I Be Wrongfully Accused of Child Pornography?
Yes, wrongful accusations of child pornography do sometimes occur. Such instances can arise due to hacking, multiple users on one device, malicious intent, or even errors during the process of investigation. If you are facing false accusations of child pornography, it is critical to work with a skilled Alexandria child pornography defense attorney. They can help you fight back against the evidence and deeply investigate your case.
What If the Person in the Image Was Over 18 but Looked Younger?
If the person in the content was over the age of 18 but looked younger, they could still be legally considered a minor under Virginia law (§ 18.2-374.1:1(F)). It’s important to note, however, that a seasoned criminal defense attorney can work to fight back against this assumption by presenting testimony from experts and bringing forward crucial digital forensic evidence analysis.
Protect Your Future and Reputation With an Alexandria Child Pornography Lawyer
If you or a loved one are facing charges related to child pornography in Alexandria, Virginia, or surrounding areas, time is of the essence to find an experienced and knowledgeable criminal defense attorney. An attorney from Johnson/Citronberg understands how overwhelming it can be to face these severe charges and is here to help you mount a strong defense strategy to fight back. Contact us today so we can discuss your case.
