Roanoke Federal Child Pornography Lawyer

Possessing, receiving, distributing, or producing child pornography is illegal in the state of Virginia and under US federal law. The legal definition of child pornography is a visual depiction that includes a person less than 18 years old engaged in sexually explicit conduct. A depiction can mean a photograph, or another kind of picture, or a video. This can also include animations, simulations, altered content, and computer-generated videos and images.

Penalties for federal child pornography cases can vary depending on the specific charge. Production of child pornography is generally considered to be the most severe of these charges and usually carries the harshest penalties, which include incarceration for up to 30 years. Possession, distribution, and receipt of child pornography are sometimes called non-production charges. Penalties can include incarceration for up to 20 years.

All child pornography charges include sexually explicit content involving minors. However, the specifics vary beyond that, including whether intent has to be proved. Some of the key differences between these charges include the following:

• Production means creating the illegal content and includes proving intent.
• Possession means that the person has the illegal content in their possession, which may not involve intent.
• Receipt means the individual received illegal materials from someone else, which also may not involve intent.
• Distribution involves sending illegal materials to someone else and is usually considered the most severe of the non-production offenses.

The most up-to-date information from the US Sentencing Committee reveals that 45.8% of federal sentences in child pornography cases involved possession, 41.3% involved distribution, and 11.1% involved receipt. Prison time was included in 99.5% of federal sentences for child pornography, and there was an average sentence of 115 months.

A closer look at how federal courts determine penalties in child pornography cases shows how factors like quantity, intent, and prior conduct influence sentencing outcomes.

Every case is unique and has its own specific facts. This means a strong defense needs to be tailored to each case and defendant. A qualified criminal defense attorney knows many strategies and can determine which strategy is likely to be most effective based on the details of your case. Common defense strategies in such cases include:

• Entrapment. This is when a police officer induces a crime that would not have been committed if they had not persuaded someone to do so.
• Improper search and seizure. Proper legal procedures have to be followed when law enforcement officials gather evidence against a defendant. When proper procedures aren’t followed, evidence may not be admissible in the case against the defendant.
• Unintentional possession. It is possible for a user to download child pornography unintentionally. This can be a result of viruses, malware, or improperly labeled files.
• No minor was involved. If there is evidence that the individuals in the files are not underage, then your attorney may be able to have charges dismissed.

In many cases, computer forensics can play a decisive role in proving what really happened. Working with an independent computer forensics defense expert can reveal crucial digital evidence that strengthens your case and challenges the prosecution’s claims.

How Long Do Federal Child Pornography Investigations Typically Last in Roanoke, VA?

In Roanoke, VA Federal child pornography investigations can vary in how long they last. Investigations can take weeks, months, or years, depending on the complexity of the case and how many parties are involved. In many cases, a person accused of child pornography offenses may not know they are under investigation until federal agents have been gathering evidence for a significant period of time.

Can a Lawyer Negotiate Plea Agreements in Federal Child Pornography Cases in Roanoke, VA?

Yes, in many cases, a lawyer can negotiate plea agreements in federal child pornography cases. Whether a plea agreement is an option can depend on several factors, such as the specific charges, the total count, and the defendant’s prior criminal history. In addition, in some cases, taking the case to trial may be a better option than the plea agreement offered by the federal prosecutor. Your lawyer can help you determine what is right for your situation.

How Does the Federal Sentencing Process Work for These Types of Charges in Roanoke, VA?

There are specific guidelines for the federal sentencing process for these types of charges. This means each charge has a minimum and/or maximum sentence to be imposed for each count, or instance, of criminal offense. Certain mitigating circumstances can lessen the sentencing or aggravating circumstances, which can increase the sentence. Your attorney can explain the potential sentences for the charges you are facing.

Why Is It Important to Hire an Experienced Lawyer in Federal Child Pornography Defense?

It is important to hire a lawyer experienced in federal child pornography defense for several reasons. Federal laws and court processes are often similar to state laws, but they aren’t the same. Convictions for federal criminal charges often carry harsher penalties, including longer jail sentences and higher fines, so the stakes for a federal case can be significantly higher. Lastly, child pornography cases are complex, so experience is crucial for a successful outcome in Virginia.

The exceptional legal team at Johnson/Citronberg, PLLC, has been providing top-quality criminal defense representation to Roanoke and the surrounding area for more than 30 years. We strive for favorable outcomes for every single client, and our lawyers are committed to defending the rights of individuals facing federal criminal charges. Reach out to our offices right away to get started on your legal defense.