Yes, in many cases, someone can be charged federally for possessing child pornography found online. Most cases dealing with the internet fall under federal jurisdiction because online activity often involves interstate or international commerce, even if the user is not aware of it. It is important to know that some cases may also include state-level charges. Your attorney can explain how the laws apply in your particular situation.
Arlington Federal Child Pornography Lawyer
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Federal Child Pornography Attorney in Arlington
An accusation of a criminal offense related to child pornography can have a serious and long-lasting impact on an individual’s life. If you are facing allegations, an experienced Arlington federal child pornography lawyer at Johnson/Citronberg, PLLC, has the experience, resources, and skills to get ahead of the allegations and minimize the negative impact that can come with a conviction, whether that means getting your charges dismissed or representing you at trial.
Our nationally recognized criminal defense attorneys have a proven record of success in complex federal cases. We work with leading forensic and investigative professionals to build strategic, individualized defenses for every client. If investigators have already reached out to you or seized your devices, knowing how to protect your privacy and reputation during a federal child pornography investigation can help you take the right steps before speaking with law enforcement.
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Understanding Federal Child Pornography Laws
Various state and federal laws ban possessing, distributing, receiving, or producing child pornography. Child pornography is legally defined as an image of a person under 18 years old engaged in sexually explicit activity. This includes photographs, videos, computer files, simulations, animations, and altered images or videos.
In general, offenses are grouped under possession, distribution/receipt, or production of child pornography. Production is usually the most harshly punished, while possession, distribution, and receipt are often called non-production offenses, with less severe penalties. Conviction of a federal crime related to child pornography can result in incarceration for up to 30 years. These crimes can be described as follows:
- Possession is an offense that means someone has images involving child pornography in their possession. In other words, just having the images can be enough to warrant charges.
- Distribution/receipt is related to a person sending images or receiving images of child pornography. Distribution is usually punished more harshly than receipt.
- Production charges relate to creating or producing such an image and are generally considered the most severe of the charges. As such, it can also be more difficult to prove.
The most recent data shows that 45.8% of child pornography cases that resulted in sentencing were for possession, 43.1% were for distribution, and 11.1% were for receipt. Of the sentenced individuals, 99.5% went to prison, and the average sentence was 115 months.
Understanding how federal child pornography sentencing guidelines are applied can help clarify the factors courts consider when determining penalties.
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Arlington Federal Child Pornography Case Results
United States v. D.F.
Pilot Found Not Guilty in Major Federal Drug Conspiracy Case
Our client was a pilot and retired military officer. He was accused of knowingly transporting a large quantity of cocaine from southern Texas to Atlanta. If convicted, he likely would have died in prison. We were able to show a jury that our client had no knowledge of the drugs on board his aircraft. The jury returned a not guilty verdict in less than an hour of deliberating.
United States v. R.K.
Federal Judge in Eastern District of Virginia Gives Lowest Possible Sentence to Autistic Client
Our client, a federal employee, was convicted of federal child pornography charges. Based on his autism diagnosis, we convinced a federal judge to give the lowest sentence possible.
United States v. B.J.
Time-Served Sentence in Major Federal Drug Conspiracy Case in Atlanta
Our client was facing life in prison after being charged in a wide-sweeping drug conspiracy case in the Northern District of Georgia. We were able to show that our client was abused by her husband and forced to ingest drugs, which led her becoming addicted. The judge determined that her culpability was the least of the many who were charged and granted our request for a sentence of ‘time-served’ which means no additional jail time. Our client was able to go home to her children the same day that she was sentenced.
Virginia v. R.C.
Dismissal of Child Pornography Charges in Richmond, Virginia for Autistic Client
Our client, a working professional, was charged with distribution of child pornography after law enforcement raided his home. We helped our autistic client and convinced the court to defer all charges for dismissal due to his disability.
Testimonials from Our Clients
Maybel G.
Jess is known for his meticulous and strategic work style. At his firm, there is a culture of excellence and client focused dedication that is unmatched. He is very thorough during the entire legal process and always finds a way to solve client problems.
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Lyle Cartwright
Jess Johnson is the perfect attorney to overcome serious legal charges! He is very approachable & will use his expertise to give you the best criminal legal defense possible and I know this from personal experience. When you’re going through the scariest period in your life, you need the best lawyer on your side. I give him my highest recommendation!
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Why You Should Fire a Federal Child Pornography Lawyer
When facing federal child pornography charges in Arlington, VA, the first step to set yourself up for a positive outcome is to hire a criminal defense lawyer who is well-versed in federal child pornography laws. In federal child pornography cases, the prosecutor must prove that the accused individual knowingly possessed the image or video. However, computer forensics experts can often show when a person didn’t knowingly download or view a file.
This means that in many cases, the defendant may be able to show that they didn’t know the illegal file was there. This is also known as an affirmative defense, meaning the defendant can show evidence that can explain or mitigate their actions. The following are some examples of possible defenses:
- Another person downloaded the file. If more than one individual has access to the device, it may be possible to show that someone besides the accused could have downloaded the file in question.
- Unintentional download. It is fairly common for a person to accidentally download or view child pornography while they are searching for legal pornography that only involves adults.
- Temporary files. Images from websites visited on a device are saved as temporary files on that device, whether it’s a cell phone, tablet, or computer. However, the existence of a temporary file does not necessarily prove that the defendant knew the file existed.
Experienced Arlington Federal Child Pornography Attorney
If you have been arrested or are being investigated for charges related to federal child pornography offenses, you do not have to face these allegations alone. A private criminal defense attorney can often begin representing you and advocating for your rights as soon as you are arrested or know of an investigation related to you. The sooner you hire a federal child pornography lawyer, the more time it gives you to develop an effective legal defense strategy.
Don’t allow false accusations of child pornography offenses to ruin your reputation. The skilled and compassionate legal team at Johnson/Citronberg, PLLC, has extensive experience with federal criminal cases, and we are committed to making sure each client gets the top-quality legal representation they need. Reach out to our office right away to set up your initial consultation and learn your legal options.
Arlington, AL Federal Child Pornography Resources
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Meet Our Attorneys
Jess Johnson
Jess B. Johnson is a Partner & Founder at Johnson/Citronberg, PLLC with more than 15 years of experience in criminal defense and civil litigation. He represents clients in federal courts across the country and is licensed in Georgia, Virginia, and Washington, D.C. Jess has handled complex investigations, trials, and appeals for elected officials, business leaders, whistleblowers, and individuals. He has secured dismissals, acquittals, favorable sentences, and major whistleblower awards. A University of Georgia graduate, Jess was selected as a “Rising Star” by Super Lawyers Magazine every year since 2012.
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Cary Jacob Citronberg
Cary Jacob Citronberg is the Partner and Founder of Johnson/Citronberg, PLLC in Alexandria, Virginia, where he focuses on federal and state criminal defense matters. Licensed in Virginia since 2011, he brings more than 14 years of courtroom experience along with a strong record of advocacy. Cary received his J.D. from Georgetown University Law Center in 2010 after earning his B.A. from Northwestern University in 2006. His work has been repeatedly recognized by Super Lawyers, with selections as a Rising Star from 2016 through 2021 and to the Super Lawyers list from 2022 through 2025.
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