Virginia Beach Child Pornography Attorney
Seek the Representation of the Law Offices of Daniel J. Miller
Child pornography is a serious criminal offense which can be charged in either state or federal court. Not only do guilty individuals face lengthy prison or county jail sentences and expensive fines, but they are required to register as a sex offender which can permanently damage their reputation.
If you have been arrested for child pornography in Virginia, it’s imperative to hire an experienced and reliable criminal defense attorney. At the Law Offices of Daniel J. Miller, our lawyers can help you avoid these penalties by providing extensive legal guidance and relentless representation.
Child Pornography Penalties
Possession of child pornography consists of knowingly owning or having any sexually explicit material of a person less than 18 years of age. This crime is considered a Class 6 felony for a first time offender, punishable by a prison sentence between one and five years, or a maximum jail sentence of 12 months which includes a fine of up to $2,500. A second or subsequent conviction is a Class 5 felony, punishable by a prison sentence between one to ten years, or a maximum jail sentence of 12 months and a fine of $2,500.
However, if the material in possession was mailed, shipped or transported across state lines or international borders, the offense may be charged in federal court. The federal penalty is a maximum prison term of 10 years. If the minor depicted in the material is found to be younger than 12 years old, then the maximum prison sentence increases to 20 years.
Distribution of child pornography is defined as knowingly selling, copying, reproducing, giving away and electronically transmitting child pornography. A child pornography distribution conviction is punishable by a prison sentence between five and 20 years. A second or subsequent conviction carries the same sentence; however, defendant must serve a minimum five years in prison.
Any individual who knowingly and intentionally operates an internet website in order to facilitate payment for access to child pornography can be charged with a Class 4 felony, which is punishable by a prison sentence between two to ten years and a fine of up to $100,000.
Production of child pornography is soliciting or enticing a minor to be the subject of child porn, producing or preparing to produce child pornography, knowingly participating in the production of child pornography, financing child pornography or attempting to finance child pornography. Production is the most serious offense of all child pornography crimes. If the victim is over 15 years of age, a defendant can be punished by a prison sentence between five to 30 years.
If the defendant is at least seven years older than the subject of the child pornography, that person will face a prison sentence between five and 30 years, with a mandatory minimum prison term of five years. A second or subsequent conviction is punishable by a prison sentence between 15 and 40 years, with a mandatory minimum prison term of 15 years.
If the subject of the child pornography is at least 15 years old, but less than 18, the defendant shall be punished by a prison sentence between one and 20 years. However, if the defendant is at least seven years older than the subject of the child pornography, that person can be punished by a prison term between three and 30 years, with a mandatory minimum prison term of three years. A second or subsequent conviction can be punished by a prison term between 10 and 30 years, with a mandatory minimum prison term of 10 years.
Let Us Fight For You
Since these sex crimes are utterly frowned upon in society, law enforcement and prosecution will do their best to make sure the maximum punishments are enforced. With over 25 years of legal experience, we have a thorough understanding of Virginia and federal laws and court proceedings regarding your case. We can conduct our own comprehensive investigation and analyze the evidence gathered by law enforcement in order to develop a solid defense strategy to protect your rights, reputation and freedom.
Contact us to schedule your consultation today. Call (757) 267-4949.
Read Our Client Testimonials
At The Law Offices of Daniel J. Miller, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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I was very nervous when I had to go to court over a traffic accident I was recently involved in. Dan put me at ease almost immediately with his knowledge and tenacity. By the time Dan was finished questioning the other people involved in the accident I did not even have to testify (which was the major source of my nervousness). My innocence was clear to everyone in the room, thanks to Dan. Would definitely use him again and recommend him to others. Aside from his performance during the hearing he was very easy to contact and always kept appointments with me. He also answered all of my questions patiently and with understanding.- Client
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Mr. Miller and his team worked diligently on my case and I am forever truly greatly. It was a long process but with prayer and fasting, I had faith in Mr. Miller and his team to get the results that I prayed for. They were straight forward and very patient at the same time. My husband is the one who search for lawyers/attorneys and Mr. Miller was the first and only choice. I can't say enough how grateful I am for all your hard work and fight that you did behind the scenes. God bless you Mr. Miller and your whole team.- M. Sellers
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- R. Wiseman
Got a referral from a friend. "Call this guy I heard he's good." With much skepticism I called.
Dan did an excellent job for me. You will notice immediately he is smart, decisive, no nonsense and many more great qualities you want in a lawyer. It took very little time to see I just hired one of the best lawyers I've ever met.Professionally speaking, If you want somebody to tell you all the wonderful things that make you feel all fuzzy and warm its not Dan in my opinion.
However, if you want a highly intelligent, brutally honest, focused, driven lawyer that will shoot straight every time AND go the extra mile to make sure no rock is left unturned... Dan is the man!
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- T. Neilan
Excellent Attorney!
Daniel J. Miller is an absolute pleasure to speak with and conduct business with! Very intelligent, knowledgeable of the law, friendly, and professional! I was very pleased with the outcome of my case and will be hiring him for my future legal needs.
I highly recommend Daniel J. Miller for your legal issues and needs.Don't let cost be a detractant, you get what you pay for. And Premium Representation comes with a premium cost, but is well worth it!
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I hired Mr. Miller initially for a bond hearing . I decided to retain his services for the case itself . I was facing two felony charges as well as a failure to appear charge . While there were witnesses that were able to identify me, I walked out of Virginia Beach Courthouse with only a misdemeanor thanks to Mr. Miller's representation . I work in the healthcare profession and expressed to Mr. Miller the importance of avoiding a felony charge and he made it happen. I am forever grateful and will highly recommend him . Mr. Miller will always represent myself as well as family members if need be in the future . Again thank you Mr. Miller for using your knowledge to keep me from being a convicted felon and also saving my career.- C. Dickens
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