Charges of sex crimes in Cleveland, Ohio, can result in hefty fines and loss of personal freedom. Particularly, pandering obscenity offense — as stated under Ohio Revised Code (O.R.C) 2907.32 — is treated seriously due to its potential harm to society and individuals, particularly minors.
Urban areas like Cleveland have seen an upswing in incidents related to pandering obscenity. This amplifies the necessity to understand more about these charges, the Ohio obscenity laws, the repercussions involved, and your defense options.
“Pandering obscenity” and its implications are not subjects people ordinarily discuss until they or a loved one is facing such charges. As dedicated criminal defense attorneys in Cleveland, we at Patituce & Associates, LLC, seek to help you understand the O.R.C’s legal stipulations addressing pandering obscenity in Ohio, explore the potential consequences of such charges, discuss how professional legal representation from firms like Patituce & Associates, LLC can tip the scales in your favor, and why an immediate response should be your priority.
Understanding your situation in-depth and making smart decisions early on won’t just help protect your rights but potentially alter the course of your case. Equip yourself with knowledge and secure the service of experienced legal counsel to ensure your actions today don’t irreversibly impact your future.
What Does Pandering Obscenity Mean?
Pandering obscenity involves an individual who is accused of trading, creating, reproducing, buying, selling, advertising, distributing, or publically displaying child pornography over the Internet using either a peer-to-peer style network, chat forums, or private chat systems.
These materials in question often involve individuals the state of Ohio categorizes as children, meaning under the legal age of 18. The obscene content could depict the subjects in sexually explicit scenarios or pose them in demeaning and often abusive situations. This inherent exploitation and infringement of privacy and rights make pandering obscenity a felony, inviting strict legal consequences.
Ohio Law and Pandering Obscenity (O.R.C 2907.32)
Pandering obscenity is a serious criminal offense governed by stringent Ohio obscenity laws. Under the Ohio Revised Code (O.R.C) 2907.32, engaging in pandering obscenity is subject to rigorous legal pursuit and harsh penalties.
The nature of charges brought against an individual and the resulting penalties can vary greatly depending on various factors. These factors can include the nature of the material involved, the method of dissemination, and whether or not a minor is involved. Primarily, the seriousness of the offense generally escalates when it involves a minor and can lead to a second-degree felony charge.
What is Pandering Obscenity Involving a Minor?
Pandering obscenity involving a minor is the current manner in which the state of Ohio defines child pornography. This offense is considered a second-degree felony. After your arrest, you are likely to be held for a minimum of three days; if it is a state-level case, and if it is a federal case, you could be held indefinitely pending the formal filing of charges. In state-level cases, you face the possibility of two to eight years in prison per charge. In the federal system, they make use of the federal sentencing guidelines along with mandatory minimum sentences of five, ten, or fifteen years in most cases.
If you have been arrested, either by state or federal authorities, for pandering obscenity involving a minor, you need to immediately retain the services of a skilled and experienced criminal defense attorney. Most cases involving pandering obscenity involving a minor have been investigated by the police and FBI for many months leading up to your arrest. While this does not mean that you are going to lose your case, you need immediate defense.
Criminal Charges for Pandering Obscenity (O.R.C. 2907.32)
As per the Ohio Revised Code (O.R.C) 2907.32, a conviction under the pandering obscenity statute could result in a 6-12 month sentence, falling under a fifth-degree felony. However, bear in mind that such charges and penalties are situations that demand a skilled defense attorney working on your behalf.
A fifth-degree felony is not merely a solemn frown from the legal system. It carries lasting repercussions, staining your personal and professional life due to the felony record that comes with a conviction. This means any record check, whether job applications, housing, or college admissions, will reveal this legal hiccup and an obstacle that could very well be an impassable roadblock in many circumstances.
If you’ve been convicted of pandering obscenity in the past, you’ll be charged with a fourth-degree felony and face a sentence of up to 18 months. Pandering charges are often used to target retail establishments that are selling lawful material to adults. These cases can have important ramifications well beyond whether or not the person charged faces jail time or other sanctions.
Reading this might be alarming, and it’s natural to feel apprehensive about the future. However, understanding what you’re up against is the first and most powerful step in devising a robust defense strategy. Patituce & Associates, LLC can help navigate these daunting waters, offering incisive legal advice and fearless representation protecting your best interests.
What Type of Plea Deal Can I Expect?
When potential clients call in, they typically have three standard questions:
- Am I going to prison forever?
- Is there anything you can do to help me?
- How much does it cost to hire a criminal defense attorney?
We represent individuals all over Ohio who have been arrested on pandering obscenity charges. The first question almost always comes down to what type of plea deal is acceptable to the client. What type of plea can you expect on pandering charges? That depends on a number of factors, from the specific county to the precise subject matter – graphic content, violence, and age are all important factors.
Each count in state court typically carries with it 2 to 8 years in prison. So, if you have 100 videos, you could theoretically be facing 800 years in prison. However, that type of sentence is virtually never handed out. A typical plea will focus on having the person plea to a combination of counts. But before you do that, why not take a shot at defending yourself? As former prosecutors, we at Patituce & Associates can confidently assert that an aggressive defense can actually help the prosecutor make you a better offer.
What Kind of Evidence is Typically Used in a Pandering Obscenity Case?
Evidence used in pandering obscenity cases can vary widely depending on the specifics of each case. However, some common forms of evidence often include:
- Digital data: This can involve explicit content found in your electronic devices like computers, mobile phones, and storage devices.
- Internet activity: Online communications, transactions related to obscene material, or browser history may be scrutinized.
- Testimonials: Witnesses or individuals associated with the accused might provide statements.
- Surveillance footage: If the activity was conducted in a public space or an area under surveillance, video footage might be used.
- Documentary evidence: This might include receipts, financial transactions, or any form of correspondence related to the obscene material.
What Are the Potential Defenses to a Pandering Obscenity Charge?
Every case differs significantly, and the defense strategy must be tailored to fit the unique circumstances of each situation. Potential defenses could include:
- Insufficient evidence: Challenging the evidence’s validity, quality, or legality.
- Mistaken identity: Providing evidence that the accused party is not the person responsible for the obscenity.
- Invasion of privacy: Claiming that illegally obtained evidence was acquired through violation of the accused’s privacy rights.
- Entrapment: Arguing that law enforcement officials enticed an individual to commit an act they would not ordinarily have committed.
How Can an Attorney Help Fight Pandering Obscenity Charges?
A skilled criminal defense attorney can make a significant difference in a pandering obscenity case. Here are a few ways how:
- Thoroughly scrutinize the evidence: An attorney can challenge the legitimacy and legality of evidence presented by the prosecution.
- Develop solid defense strategies: They can build a strong defense based on the specifics of your case, presenting evidence and arguing in court to counteract the prosecution’s charges
- Represent you in all dealings: An attorney can act on your behalf, protecting your rights during all interactions with the legal system, including interviews, negotiations, investigations, and court proceedings.
- Provide valuable advice: An attorney can give insights into the legal process, advise you on potential outcomes, and guide you in making informed decisions along the way.
- Seek lesser charges or lighter sentences: They can help negotiate and argue for reduced charges or lenient sentences wherever possible.
Can You Get Probation for Pandering Obscenity?
The good news is that it is possible to get probation for pandering obscenity in Ohio; it is just incredibly difficult. It is important to hire an experienced defense attorney if you have been charged with this crime. Pandering obscenity carries the presumption of prison, but that means a skilled lawyer may be able to overcome that presumption to help you obtain probation.
To overcome the presumption of prison, your attorney might show that you have no record, contribute to society, are not a threat to society, are not likely to repeat, and that this was an isolated incident.
The Need for Skilled Legal Representation When Facing Pandering Obscenity Charges in Cleveland
When facing charges as serious as pandering obscenity, choosing to hire a criminal defense attorney can be an essential necessity. Laws and regulations surrounding obscenity are complex and evolving. Safeguarding your rights becomes a Herculean task without a proficient attorney from a reputable firm like Patituce & Associates, LLC.
Legal pressures can quickly escalate, especially when you’re dealing with sensitive charges such as pandering obscenity. Every action you take or word you say could potentially impact the trajectory of your case. This is where we step in. We guide your steps, shape your defense, and advocate for your rights.
Our attorneys foster a comprehensive understanding of your case and all the legal details surrounding it. This allows us to construct an effective defense strategy that caters to your specific circumstances. Our objective? To dismantle the prosecution’s case and protect your freedoms.
We understand the substantial impact these charges can have on your life and future. Our team applies their extensive understanding of the law to tackle your case, ready to confront any potential issue in court, big or small. We fight tirelessly to ensure your side of the story is heard and acknowledged.
Accusations of pandering obscenity carry a heavy burden, but remember, you do not have to carry it alone. Rely on experienced legal guidance to guide you through these tumultuous times. While the road ahead may seem daunting, know this – you don’t have to traverse it without support. At Patituce & Associates, LLC, we stand ready to stand by you.
Take the First Step in Your Case by Calling Us Now
An experienced criminal defense attorney can help you avoid felony penalties and push back against the charges you’re facing. If you or a family member have been arrested for pandering obscenity charges, call Patituce & Associates at 216-208-4579 for a free consultation with an experienced Cleveland defense attorney.