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.
Chesapeake Child Pornography Lawyer
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Chesapeake Child Pornography Attorney
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.
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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.
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Chesapeake 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.
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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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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.
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.
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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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