Danville Child Pornography Lawyer

Whether you are being tried at the state or federal level, it is crucial to leverage an evidence-backed, strategic criminal defense plan in order to successfully manage your case.

If your case involved the possession, distribution, or production of child pornography via the internet or through Interstate commerce, you will likely be charged federally. This means that your case will probably be prosecuted in the U.S. District Court for the Western District of Virginia, Danville Division.

Federal cases typically involve the engagement of federal agencies like the Internet Crimes Against Children Task Force (ICAC), the Federal Bureau of Investigation (FBI), and the Department of Homeland Security (DHS). Child pornography charges on the federal level come with extremely severe consequences and penalties, such as:

• Possession. While possession sentences do not come with a mandatory minimum, offenders can be sentenced to up to 10 years in prison.
• Receipt or distribution. This offense comes with a mandatory minimum of five years, with offenders facing up to 20 years.
• Production. Production offenses come with a mandatory minimum of 15 years, with offenders potentially assigned 30 years in prison.

Federal child pornography sentencing guidelines are applied by federal judges, who tend to recommend much longer prison sentences than the recommended minimums.

If you are facing charges on the state level for child pornography, your case will likely be heard at the Danville Circuit Court. Our dedicated and skilled criminal defense team at Johnson/Citronberg, PLLC, can help you fight back against the following Virginia child pornography charges:

• Possession under 18.2-374.1:1
• Distribution or reproduction under 18.2-374.1
• Soliciting minors electronically under 18.2-374.3

Areas that have widespread home internet use are seeing increasing charges for internet-based child pornography cases. According to recent data from the U.S. Census, Danville had a population of over 41,000 in 2023. From 2019 to 2023, it was found that 87% of Danville households had access to a computer and that 76% had broadband internet.

This high connectivity means a serious risk for users and increased surveillance efforts from law enforcement, with those who struggle with mental health issues or compulsive behavior problems being commonly implicated. Even a one-time access event can trigger federal investigations.

As each child pornography case is different and comes with its own unique details, our empathetic and detail-oriented legal team seeks to engineer a defense that reflects the clear details of your case. Depending on your case, our Danville lawyer team may be able to help you leverage the following criminal defense strategies:

• Lack of intent. If your case involves an accidental download or malware that puts files on your computer, we can leverage this as a defense in your case.
• Mental health. If you are struggling with severe mental health challenges or compulsive behaviors, we can cite this in front of the courts to fight for a reduction of charges.
• Misclassification. If your distribution charges should be classified as possession, we can negotiate your charges down to avoid mandatory minimums.
• Improper forensic procedures. If digital forensic professionals did not adequately handle the evidence in question, or there were issues with the chain of command, we could fight to get this evidence suppressed. In such situations, it’s crucial to have your own computer forensics defense expert to examine the evidence and ensure your rights are protected.
• Illegality of search and seizure. After scrutinizing the details of what happened during your search and seizure process, if we find that law enforcement did not have a proper warrant or if your rights were breached during the process, we can fight to get subsequent evidence collected suppressed.

Why Hire a Danville-Based Child Pornography Attorney?

It is recommended to hire a Danville-based child pornography attorney for your local charges because it’s important to work with an attorney who has knowledge of local judicial tendencies and plea practices, is familiar with the personnel at the relevant U.S. District Court and Danville Circuit Court, and who can quickly respond if seizures or search warrants are issued.

Are VA Child Porn Penalties as Serious as Federal Sentencing?

While not as severe as federal penalties, state penalties can come with long prison sentences, mandatory registration as a sex offender for life, strict probation requirements with GPS monitoring, and limitations on freedoms like internet access. Such convictions can also deeply interfere with opportunities related to housing, education, and employment.

What Is the Difference Between Possession and Receipt of Child Pornography?

Possession of child pornography is an offense that is associated with having illicit child porn content knowingly. Receipt, on the other hand, usually involves accessing or downloading child pornography knowingly through the internet. While possession does not have an automatic mandatory minimum sentence under federal law, receipt does.

Can Internet Evidence Be Challenged in Court?

Yes, internet evidence can be challenged in court. A thorough attorney from our firm can challenge the legality of the scope of digital searches, call into question the accuracy of forensic procedures, and work to prove that the content was not downloaded or accessed on purpose. IP address evidence can also be challenged in court.

If you believe you are under investigation for child pornography charges in Danville, do not talk to law enforcement and contact a diligent Danville child pornography attorney from Johnson/Citronberg, PLLC, today. We are eager to meet with you during a free, confidential consultation.