Lynchburg Child Pornography Lawyer

Virginia has strict laws governing child pornography. State code § 18.2-374.1:1 lays out the different types of charges and outlines the penalties as such:

• Child pornography possession. Possession of child pornography in the state of Virginia can be punished by up to five years in prison.
• Reproduction, distribution, or solicitation of child pornography. For repeat offenses, this crime is classified as a class 5 felony, which can result in a prison sentence ranging from 5 to 20 years.
• Operation of a website for distribution. This offense is considered to be a class 4 felony, which can come with life-altering penalties.

Individuals in Lynchburg and surrounding areas can also be facing child pornography charges on the federal level. Any cases that involve internet-based offenses or interstate transmission could fall under 18 U.S.C. §§ 2251-2252A and lead to prosecution on the federal level.

If you’re facing charges in Lynchburg, your case will likely be prosecuted in the Lynchburg Circuit Court at 900 Court Street. Lynchburg has an estimated population of 79,535, and 94.8% of households have access to a computer. Furthermore, 92.2% of households in the area have a broadband Internet subscription, leaving thousands of people at risk for charges involving complex Internet-related crimes.

Fortunately, our dedicated legal team has extensive criminal defense experience. At Johnson/Citronberg, we have successfully helped clients defend against serious felony charges, safeguarding their rights throughout the legal process. We understand the sensitivity of these cases and are committed to providing non-judgmental, confidential legal counsel. Recognizing the differences between Virginia state and federal child pornography charges is important, as they can significantly affect sentencing and defense strategies.

We can launch a strong defense against the serious charges you are facing. Defending child pornography cases may include bringing in professional testimony to decipher any digital evidence. At Johnson/Citronberg, we can help you secure knowledgeable authorities in this area of the law. We pair these forensic witnesses with aggressive legal strategies. Some of the criminal defense tactics we can leverage include:

• Arguing that law enforcement deliberately intervened in your situation, causing you to commit a crime that you otherwise would not have
• Showing that malware or third-party accident led to unintentional possession of child pornography on your device
• Demonstrating unauthorized access to your device or mistaken identity
• Calling into question the chain of custody of evidence
• Challenging the legality of the search and seizure process to take any electronic devices or evidence

Q: What Are the Penalties for Child Pornography Charges in Virginia?

A: Virginia law states that possession of child pornography is a class 6 felony, which can be punished by a prison sentence of up to five years. Crimes involving the reproduction, solicitation, or distribution of child pornography can lead to a prison sentence of 5 to 20 years. Repeat offenses are associated with an additional mandatory minimum. A skilled attorney can help you understand the penalties you may be facing for your charges.

Q: Can I Face Federal Charges for Child Pornography in Addition to State Charges?

A: Yes, if your case involves online file sharing, the Internet, or Interstate commerce, you could be facing federal charges for child pornography in addition to state charges. Federal-level offenses are typically assigned with harsher penalties, with prison sentences ranging from 5 years to life. A knowledgeable attorney can help you fight back against any charges he may be facing on both the state and federal levels.

Q: What Are the Possible Defenses Against a Child Pornography Charge?

A: Possible defenses against a child pornography charge include proving that you did not know files were accessed or stored on your device because someone else did it or it was downloaded through hacking or malware. Additional defenses include showing that law enforcement illegally obtained the evidence against you, proving that law enforcement induced or forced you into committing the crime, or shedding light on technical errors with the help of digital forensic authorities.

Q: What Should I Do If I Am Under Investigation?

A: If you’re under investigation for child pornography charges, it is crucial not to speak with law enforcement without having your criminal defense attorney present. As soon as possible, you should reach out to a knowledgeable child pornography defense attorney. They can help you ensure your rights are safeguarded and assist you with building up an optimal defense strategy.

Q: Will I Have to Register as a Sex Offender if Convicted?

A: Yes, if you are convicted of a child pornography offense, you will have to register as a sex offender in Virginia on the sex offender registry. This can have severe impacts on your housing and professional opportunities, as well as your personal and family situation. A skilled attorney can help you maintain compliance with sex offender registration.

If you believe you’re being investigated or are facing charges of child pornography in Lynchburg, Virginia, it’s crucial to secure experienced and compassionate legal counsel immediately. By contacting an attorney from Johnson/Citronberg as soon as possible, you give us time to start building your defense. Contact us today to schedule your confidential consultation so that we can start fighting for you.