Pandering obscenity is the current manner in which the state of Ohio defines child pornography. Virtually all charges of pandering obscenity involve an individual who is accused of trading this material over the Internet using either a peer-to-peer style network, chat forums, or private chat systems. The material can involve anyone the state considers to be a child or under the age of 18. It often depicts the subject of the video in sexual and other horrible positions.
Penalties for Pandering Obscenity (O.R.C. 2907.32)
The penalty for conviction under the pandering obscenity statute in Cleveland is a 6-12 month sentence. As a fifth degree felony, you’ll have to deal with the ramifications of a felony record. This means that you’ll be required to report this on job applications, leasing applications, for college admissions, and various other official forms.
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.
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 do you cost?
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, violent, 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? Aggressive defense can actually help the prosecutor make you a better offer – I know, I used to be one.
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.
Pandering Obscenity Involving a Minor
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, also known as child pornography, 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 but you need immediate defense.
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.
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 for a free consultation with an experienced defense attorney.