Chesapeake Child Pornography Lawyer
If you or a loved one has been charged with child pornography-related offenses in Chesapeake or surrounding areas, you are likely feeling devastated and overwhelmed by the potential consequences – ranging from incarceration to a damaged reputation and future. Fortunately, a skilled Chesapeake, VA child pornography lawyer from Johnson/Citronberg can help you fight back. Together, we can launch an optimal defense strategy to minimize penalties.
At Johnson/Citronberg, our empathetic and experienced criminal defense attorneys understand all that is at stake when facing child pornography charges, whether at the state or federal level. We have the knowledge and positive track record to approach your case with diligence and urgency, implementing exceptional criminal defense strategies to get your charges and penalties minimized or even dropped.
Understanding Child Pornography Legislation in Virginia
Under Virginia Law § 18.2-374.1:1, it is a Class 6 felony to knowingly possess material that is considered to be child pornography. After a first offense, second offenses are classified as Class 5 felonies, which can lead to even more stringent penalties.
If an individual is charged with sharing, distributing, or reproducing child pornography materials, they could be facing anywhere from 5 to 20 years in prison. Second offenses for this crime entail a mandatory minimum sentence of five years that must be consecutively served with any other sentence.
Federal charges involving child pornography are even more demanding. 18 U.S.C. § 2251 defines the production of child pornography crimes, which comes with a minimum sentencing of 15 years in prison. On the other hand, distributing or possessing child pornography under 18 U.S.C. §§ 2252 & 2252A can lead to a prison sentence ranging from 5 to 20 years.
It is crucial to note that the U.S. government aggressively investigates and prosecutes such cases, especially when interstate commerce or the internet is involved.
Defending Against Child Pornography Charges in Chesapeake, VA
An experienced criminal defense attorney can craft a robust defense strategy to fight back. A skilled attorney from our firm may help you leverage one of the following tactics:
- Asserting that you did not have knowledge that the illicit material was on your computer or mobile device.
- Showing that law enforcement or other authorities breached your Fourth Amendment rights.
- Demonstrating that a malware virus or hacker actually planted the illicit content onto your device.
- Proving that another individual was using your network or computer.
An experienced Chesapeake, VA lawyer from our firm can scrutinize the prosecution’s evidence against you, collect our own digital evidence, and call into question any illegal law enforcement or legal procedures. From negotiating on your behalf to fiercely representing your case in court, we are here to help you push for positive case outcomes.
Steps To Take if You Are Under Investigation
If you have reason to believe you are under investigation for child pornography allegations, do not converse with any law enforcement or investigators without a criminal defense attorney present. Unfortunately, during the questioning process, many people accidentally incriminate themselves. Therefore, it is crucial to remain silent, not delete any files, and consult with an experienced child pornography attorney right away.
FAQs
What Are the Penalties for Possessing Child Pornography in Virginia?
Penalties for possessing child pornography in the state are defined under § 18.2-374.1:1 of the Code of Virginia. This statute classifies the crime of possession of child pornography as a Class 6 felony. Any second or subsequent offenses are classified as Class 5 felonies, which come with even more strict criminal penalties, such as extended time in prison. An experienced attorney can help you understand the specific penalties you may be facing.
What Are the Consequences of Distributing or Selling Child Pornography in Virginia?
Any individual who is found to be guilty of distributing or selling child pornography material in Virginia could be facing felony charges on the state or federal level, with a prison sentence ranging from 5 to 20 years. A second or following violation of this crime could result in a mandatory prison sentence of five years, which is required to be served consecutively with any other sentences that are issued.
Can I Be Charged If I Did Not Intend to Possess Child Pornography?
Even if you did not intend to possess material that constitutes child pornography, you could still be charged with a felony by prosecutors. For simple possession cases, intent is not required as a factor under Virginia law. A dedicated attorney can assist you with proving that you unknowingly had the material in your possession by leveraging key evidence, such as demonstrating that other parties had access to the device in question.
What If I Was Framed or Did Not Know the Content Was Illegal?
If you have been framed or did not know that the content associated with your charges was illegal, a seasoned Chesapeake, VA, child pornography lawyer can scrutinize the details of your case and help you understand your legal options. They may be able to present solid defenses on your behalf, such as mistaken identity, illegal search and seizure, or lack of intent. The faster you reach out, the better your chances of a positive case outcome.
Can I Be Prosecuted for Requesting or Soliciting Child Pornography?
Yes, you can be facing charges for requesting or soliciting child pornography. Under Virginia law, this is a serious penalty that can lead to prison sentencing ranging from 5 to 20 years. If you believe you are under investigation for such crimes or have been arrested, it is pertinent to contact an experienced criminal defense lawyer who can help you start gathering evidence and developing your defense strategy.
Defend Your Reputation and Future With a Chesapeake, VA Child Pornography Lawyer
If you are facing charges on the state or federal level in Chesapeake or surrounding areas related to child pornography, the stakes are high. While you’re likely feeling overwhelmed and unsure about what steps to take next, a Chesapeake, Virginia, child pornography lawyer from Johnson/Citronberg is here to help you mount a strong defense. Contact us immediately to learn more about your legal options.
