Virginia Child Pornography Lawyer Richmond Offensive Images
Virginia Child Pornography Lawyer Richmond Offensive Images
James v. Commonwealth
Facts:
Police while responding to a fire found chemicals and explosives. Appellant responded that he “was making pyrotechnic devices, rockets and other pyrotechnic type devices.” He gave written consent for police to search the residence and also consented to a search of the computer. The computer contained information concerning child pornography and so the officer obtained a second search warrant before examining the computer further. The pictures were located in a file-sharing program called “M.” The default setting for M is to share files with other users via the Internet, although this computer’s setting had been manipulated not to share files and there was no way to tell who downloaded the pictures or who used the computer at any given time. Officer testified that the “systems registry” showed “X” was a registered owner of the Windows XP software.
Virginia Child Pornography Lawyer Richmond
The officer testified that there is no evidence to suggest that anyone other than appellant used the computer. Another application on the computer showed a user name of “Y.” The computer was not password protected, and anyone could have access to it. Following a bench trial, the Circuit Court of the City of Richmond (Virginia) convicted defendant of 15 counts of misdemeanor possession of child pornography in violation of Va. Code Ann. § 18.2-374.1:1. Defendant appealed.
Issue:
- Whether the evidence at trial was sufficient to convict defendant of possession of child pornography?
Discussion:
In order to convict a person of possession of child pornography, the Commonwealth must prove beyond a reasonable doubt that the individual “knowingly possessed sexually explicit visual material utilizing or having as a subject a person less than 18 years. This court held that evidence at trial was sufficient to convict defendant of possession of child pornography. It was clear that someone had “sought out” child pornography. It was clear that someone “acquired” the offensive images and brought them into appellant’s home from “cyberspace.” The appellant had exclusive control of the residence.
The computer was seized from a residence to which appellant had a key and he only had given consent to search the residence, and he admitted ownership of certain pyrotechnics found on the premises. Further “the registration on the computer tied to his name,” along with appellant’s name being associated with the computer during the time when the computer made one hundred “hits” on child pornography. Most importantly, the computer had “quick desktop access” to the folder containing the images. Using a totality of the circumstances approach, the court found the evidence sufficient to show appellant had control of the residence and the computer. This court hence affirmed the judgment of the trial court which convicted defendant of 15 counts of misdemeanor possession of child pornography in violation of Va. Code Ann. § 18.2-374.1:1.
A Virginia child pornography charge is a very serious crime. The SRIS Law Group Virginia child pornography defense lawyers can defend you against any type of child pornography charge in Virginia. Our Virginia law firm has handled numerous cases of child pornography in Virginia starting from simple possession all the way to distribution of child pornography. Our firm has the experience to defend you in any part of Virginia against any allegation of child pornography in Virginia.
Contact a SRIS Law Group Virginia lawyer today if you have been charged with child pornography in Virginia. We have client meeting locations in Fairfax, Manassas, Richmond, Lynchburg, Loudoun, Fredericksburg & Virginia Beach.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Child Pornography Fairfax Virginia Lawyer Possession Evidence Knowledge
Child Pornography Fairfax Virginia Lawyer Possession Evidence Knowledge
Green v. Commonwealth
Facts:
Following a bench trial, the Circuit Court of the City of Fairfax (Virginia) convicted defendant of 15 counts of misdemeanor possession of child pornography in violation of Va. Code Ann. § 18.2-374.1:1. Defendant appealed.
Child Pornography Fairfax Virginia Lawyer Possession Evidence Knowledge
Issue:
- Whether the evidence at trial was sufficient to convict him of possession of child pornography?
Discussions:
Defendant argued that the evidence at trial was insufficient to convict him of possession of child pornography. Specifically, he contended that the Commonwealth failed to prove he knowingly possessed the images contained within the computer. Defendant also alleged that the images were “hidden” in the computer. The appellate court concluded that the record supported the reasonable inference that defendant used the computer and had knowledge and control over its contents. Among other things, the computer, located in a residence over which defendant had exclusive control, contained “quick desktop access” to the folder containing the images, thus defeating defendant’s argument that the images were “hidden.” In addition, the systems registry on the computer revealed defendant as a registered owner of the operating system, and there was a software default setting that had been manually set to disallow file sharing, establishing the user’s control and management of the files.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case.
A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Loudoun County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Rape Virginia Forcible Sodomy Sexual Battery Lawyers Stafford County
Rape Virginia Forcible Sodomy Sexual Battery Lawyers Stafford County
Jamie v. Commonwealth
Facts:
Defendant challenged a judgment from the Circuit Court of Stafford County (Virginia), which convicted defendant of attempted rape and forcible sodomy.
Rape Virginia Forcible Sodomy Sexual Battery Lawyers
Issue:
- Whether the trial court erred in refusing his proffered jury instruction on misdemeanor sexual battery as a lesser-included offense of both the attempted rape and forcible sodomy charges?
Discussion:
Defendant argued that the trial court erred in refusing his proffered jury instruction on misdemeanor sexual battery as a lesser-included offense of the charges both of attempted rape and of forcible sodomy. The victim testified that before the forcible sodomy defendant had penetrated her vagina with his tongue and rubbed his penis on her. The Commonwealth contended that defendant had not properly preserved his assignment of error for appeal. All the discussions concerning the instructions were held off the record. The only relevant dialogue in the record was a statement of defendant’s counsel that the court had elected not to give the instruction. Assuming without deciding that the issue had been preserved for appeal, the court affirmed the judgment of conviction. The court reasoned that an act of attempted rape was not always a sexual battery and that the lower court had not erred in refusing to instruct the jury on sexual battery as a lesser-included offense of attempted rape. The court held that defendant was not entitled to an instruction on sexual battery because it was not a lesser-included offense of attempted rape.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Rape Virginia Forcible Sodomy Attempt Attorneys York County
Rape Virginia Forcible Sodomy Attempt Attorneys York County
Stephen v. Commonwealth
Facts:
Defendant challenged a judgment from the Circuit Court of York County (Virginia), which convicted defendant of attempted rape and forcible sodomy.
Rape Virginia Forcible Sodomy Attempt Attorneys
Issue:
- Whether the defendant had properly preserved his assignment of error for appeal?
Discussions:
Defendant argued that the trial court erred in refusing his proffered jury instruction on misdemeanor sexual battery as a lesser-included offense of the charges both of attempted rape and of forcible sodomy. The victim testified that before the forcible sodomy defendant had penetrated her vagina with his tongue and rubbed his penis on her. The Commonwealth contended that defendant had not properly preserved his assignment of error for appeal. All the discussions concerning the instructions were held off the record. The only relevant dialogue in the record was a statement of defendant’s counsel that the court had elected not to give the instruction. Assuming without deciding that the issue had been preserved for appeal, the court affirmed the judgment of conviction. The court reasoned that an act of attempted rape was not always a sexual battery and that the lower court had not erred in refusing to instruct the jury on sexual battery as a lesser-included offense of attempted rape. The court held that defendant was not entitled to an instruction on sexual battery because it was not a lesser-included offense of attempted rape.
The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Child Abuse Defense Virginia Fairfax Richmond Beach Fredericksburg Lynchburg Manassas
Virginia Child Abuse
VIRGINIA CHILD ABUSE DEFENSE ATTORNEYS
Defending Child Abuse Cases In Virginia
Child abuse can be any form of mental abuse, physical harm, neglect, and sexual abuse or exploitation inflicted child. Virginia requires by law that certain individuals and caregivers such as doctors, therapists, teachers and day care providers to report suspected child abuse.
Child Abuse Defense Virginia Lawyer
It is against the law and will result in criminal prosecution in Virginia, if an adult abuses a child while in their care. Virginia child abuse laws can apply to any of the following individuals, including but not limited to parents, legal guardians, other adults living in the home and baby sitters. Excessive physical punishment by an adult care giver can result in being charged with child abuse in Virginia. An example of child abuse in Virginia is a child who is beaten so badly resulting in the child receiving medical care. The severity of the abuse to a child can result in being either charged with a misdemeanor or a felony in Virginia.
Even if a person does not personally abuse a child, simply allowing the child abuse to occur in Virginia, can result in the person being charged with child abuse.
If you wish to speak with a Virginia child abuse defense attorney, please call us at 888-437-7747, or contact us via our fast on line form.
Our Virginia child abuse defense attorneys and staff who provide child abuse defense speak the following languages in addition to English: Spanish, French, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
Please click on attorneys to learn more about the Virginia criminal defense lawyers who handle child abuse/molestation defense.
