If you have been accused of a computer sex offense . . .
You need a criminal defense attorney with experience in this specialized area of law, who knows how to get the best result possible in each and every case. At the Sprano Law Firm, our lawyers have been defending people charged with online solicitation of a minor and other similar internet sex offenses for over ten years. Our attorneys have the experience necessary to look for potential weaknesses in the government's case and help you choose the best strategy to defend against these charges.
Trial Defense
Internet sex crimes usually entail an allegation of some sort of online solicitation of a minor to engage in sexual activity, in violation of Virginia Code § 18.2-374.3 (Use of communications systems to facilitate certain offenses against children). This is an extremely broad code section which covers a wide range of conduct such as solicitation or proposing actual sexual contact, prostitution, or indecent exposure. While commonly referred to as "internet solicitation" or "online solicitation " or "computer solicitation ", the statute actually prohibits the use of any electronic device for such purposes, including the use of cell phones to send text messages, so-called "sexting" crimes.
In the majority of cases, the individual on the other end of the alleged communication is not in reality a child at all, but rather an undercover police detective posing as a minor in an online sting operation. An entrapment defense to an online solicitation case is always a possibility to be explored, but Virginia law makes it very difficult to establish entrapment and the police are well trained in how to avoid it. Usually the main factual and legal issue in these cases is whether the defendant actually knew or had reason to believe that he or she was dealing with a minor. Unlike other sex crimes against children, internet solicitation of a minor is not considered a strict liability offense. If the defendant had no reason to believe the other party was under age (if they lied about their age, for example), this is a good defense in these cases.
When recipient of the alleged online solicitation is actually underage, the defendant will often be charged with committing Indecent Liberties with a Minor, in violation of Virginia Code § 18.2-370, in addition to the computer sex crime. With a real victim, the stakes are usually higher, and the consequences of a conviction more severe, but the same possible avenues for a successful defense to the charge remain. If the child lied about his or her age, and the defendant did not have a good reason to believe otherwise, a good criminal defense attorney may be able to successfully defend the charge.
Plea Bargaining Negotiations
The police have investigated a great deal of resources investigating and prosecuting internet sex crimes, and they have gotten quite good at building a solid case. So if you find yourself reading this with the knowledge that you have already given them all of the evidence they will need to convict you, either through written communication or later as the result of a skillful police interrogation, take some solace from the fact that you are not alone. At this point the most important thing you can do for yourself is to talk to an attorney who will give you an honest assessment of your situation and help you find ways to minimize the damage. This is especially true if it is alleged that you are at least seven years older than the child in question. If you saw or heard those words when the warrant was read to you, you are potentially facing a mandatory minimum prison sentence of 1, 5, or even 10 years. Your only hope of avoiding such a lengthy prison term may lie in the ability of your defense lawyer to negotiate a favorable plea bargain. Our attorneys are well respected by prosecutors as honest and worthy adversaries. We will employ an effective negotiating strategy on your behalf, and do everything we can to negotiate a plea bargain that avoids the mandatory minimum prison sentence for online solication cases.
Sentencing Options
If you are convicted of an internet sex crimes, we will work with you to present the best possible case in mitigation for sentencing. Depending on the facts of your case, we will present evidence and argument to convince the judge that you are not a threat to society's children, that you are not a pedophile, that this was an isolated incident, and that your otherwise clean record of good citizenship can and should be taken into account. One thing we will not do is lie to you by telling you what you want hear just to get your business. If the evidence is strong there is no doubt that you will face significant consequences both in the short and long term. Unless there is a problem with the government's case, it is very unusual for these cases not to end up with a felony conviction that will require registration as a sex offender. No amount of wishful thinking or slick talk can change the facts or the law. The amount of time you could spend in jail or prison before that happens, however, is highly variable, and could be anything from probation, 3, 6, or 12 months in the county jail, or years in prison, depending on how your case is handled.
Free Consultations
If you have been charged with an internet sex crime, it is critically important to hire a defense lawyer you can trust, and who is trusted by others. Contact us today to schedule a consultation.
