Child Pornography The Right Attorney Makes All The Difference

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 nearly 20 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 complimentary consultation today.

Every Client Matters

Your Rights Deserve to Be Protected
  • If you need a good lawyer in Virginia Beach this is the place to go.

    “If you need a good lawyer in Virginia Beach this is the place to go. Every one was extremely helpful and knowledgeable. I highly recommend them to help you and your family!”

    - Sky
  • The quality of work was also amazing and couldn't ask for anyone better.

    “Mr. Miller's law office was amazing with responding and keeping in touch. The quality of work was also amazing and couldn't ask for anyone better.”

    - Michael
  • This is the team you need.

    “I have had to use The Law Offices of Daniel J Miller a few times for custody battles in the past and recently. They will continue to be the most precise, honest, hardworking, and knowledgeable lawyers ...”

    - Client
  • Daniel and his team were thorough and top-notch start to finish!

    “Daniel and his team were thorough and top-notch start to finish! I would recommend and will use them if I need family law services in the future!”

    - Benjamin
  • I would recommend and use again for legal services.

    “Daniel and his team handled my divorce case and related professional and thorough. I would recommend and use again for legal services.”

    - Client
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Case Results

A Track Record of Success
  • Obtaining a Protective Order – Virginia Beach Juvenile and Domestic Relations Court Domestic Violence

    Our client was seeking a protective order against her husband to obtain exclusive use and possession of the home and to require him to have no future hostile contact with her.

  • Underage Possession of Alcohol – Norfolk General District Court DUI

    Our client was alleged to have illegally possessed alcohol in the city of Norfolk.

  • Pre Litigation Defense – Rape - Virginia Beach General District Court Sex Crimes

    Our client was the respondent of a protective order wherein the petitioner alleged that she was raped.

  • Protective Order - Norfolk Juvenile and Domestic Relations Court Family Law

    Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home and an upper hand in their divorce proceedings.

  • Bond Hearing – DUI 4th Offense - Virginia Beach Circuit Court DUI

    Our client was charged fourth offense driving under the influence.

  • Violation of Protective Order – Chesapeake Circuit Court - Appeal Domestic Violence

    Our client was under a protective order to have no hostile contact with his family.

  • Breaking and Entering with Intent to Commit Misdemeanor – Felony – Virginia Beach General District Court Felony Defense

    Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.

  • Felony Third Offense Petty Larceny Virginia Beach General District Felony Defense

    We were successful in negotiating a reduction from a felony third offense petty larceny charge.

  • Appeal Possession of Marijuana - Chesapeake Circuit Court Drug Crimes

    Our client plead not guilty to a second offense possession of marijuana charge.

  • DUI Reduced to Reckless Driving – Isle of Wight General District Court DUI

    Our client was charged with driving under the influence of alcohol after officers arrived on a call for service in a church parking lot.

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Why Hire Us?

We Never Back Down
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  • A Proven Track Record of Results
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