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 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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Mr Miller you're the man I appreciate advising me what to get for my case and getting my reckless driving ticket reduced. Would highly recommend you to anyone if asked for help.- J. J
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Mr. Miller and his team are a class act and helped me get out of situation I should of never been in. Mr. Miller is down to earth and listens to what you have to say. His team was very helpful with emailing me all the information I needed and keeping me up- M. Wilder
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I had to use their services three times in the past 20 years. I was completely satisfied with each time I was represented. They were professional and their communication with me was nothing less then stella. Their results was worth the price.- K. Young
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Mr. Miller is an OG he's definitely earned my respect, if I ever need an attorney again he'll be my first call.- A. Miller
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Great service excellent information, affordable price and kind staff who do their best to help you understand your situation- M. Bags
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Thank you so much for representing my son. I appreciate how calm and reassuring Mr. Miller was. Although I was nervous about everything he always remained calm, and gave me the facts as he seen them. In a situation like that I feel that is the type of Lawyer you want in your defense. Thanks so much again- C. Harris
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Very professional representation, Mr. Blair was very knowledgeable, prepared and friendly. On the off chance I ever need representation again, I will call this office.- Bob A
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it’s a crazy experience having a lawyer but he looked out and made my case easier W firm for making sure i knew everything and W lawyer for making sure i took care of what made the case go smoothly- A. Britton
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Thank you so much Mr Miller, I appreciate everything you done for me. Your staff is excellent and the communication your staff provide is extraordinary. You were always available when needed. Wish y’all nothing but SUCCESS!- B. Gardner
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