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Aggressive. Experienced.
Chicago Criminal Defense Attorney Former Cook County Felony Prosecutor
Obscenity
Charged with Obscenity in Chicago? Andrew M. Weisberg Can Defend Your Rights
Obscenity charges in Illinois can lead to serious legal consequences, including fines, imprisonment, and a permanent criminal record. These charges often arise from accusations related to the distribution, creation, or possession of materials deemed offensive or inappropriate by legal standards. If you are facing obscenity charges in Chicago, it is crucial to have an experienced and aggressive defense attorney like Andrew M. Weisberg on your side to protect your rights and fight for the best possible outcome.
Understanding Obscenity in Illinois
Under Illinois law, specifically 720 ILCS 5/11-20, obscenity refers to the distribution, sale, or production of material or performances that the law considers to be obscene. For material to be legally defined as obscene, it must meet certain criteria:
Appeals to the Prurient Interest: The material must primarily appeal to an unhealthy or excessive interest in sexual matters.
Depicts or Describes Sexual Conduct: The material must graphically depict or describe sexual conduct in a way that is offensive and not suitable for public consumption.
Lacks Serious Value: The material must lack serious literary, artistic, political, or scientific value when taken as a whole.
Examples of activities that could result in obscenity charges include:
Distributing or Selling Obscene Materials: Selling or distributing materials such as books, magazines, films, or digital content that meet the legal definition of obscenity.
Producing Obscene Content: Creating or producing materials that are considered obscene under Illinois law.
Possession with Intent to Distribute: Possessing obscene materials with the intent to distribute them to others.
Obscenity laws are meant to protect the public from exposure to materials that are deemed harmful or inappropriate, but these laws can be complex and subject to interpretation.
Penalties for Obscenity in Chicago
The penalties for obscenity in Illinois vary depending on the specific circumstances of the offense, including whether it is a first or subsequent offense:
Class A Misdemeanor: A first-time offense for selling or distributing obscene material can be charged as a Class A misdemeanor, carrying a potential jail sentence of up to 1 year and fines of up to $2,500.
Class 4 Felony: If the offense involves the sale or distribution of obscene materials to minors, the charge can be elevated to a Class 4 felony, with a potential prison sentence of 1 to 3 years and fines of up to $25,000.
Class 3 Felony: In cases where the obscenity charges involve large-scale distribution or production of obscene materials, the charge may be elevated to a Class 3 felony, carrying a potential prison sentence of 2 to 5 years.
Permanent Criminal Record: A conviction for obscenity will result in a permanent criminal record, which can severely impact your ability to secure employment, housing, and other opportunities in the future.
Given these penalties, it is crucial to have a skilled and experienced defense attorney who can challenge the prosecution’s case and work to protect your future.
Why Choose Andrew M. Weisberg as Your Defense Attorney?
Andrew M. Weisberg is a seasoned criminal defense attorney with extensive experience handling cases involving obscenity and other sensitive legal matters. His background as a former Cook County prosecutor gives him unique insights into how these cases are built and prosecuted, allowing him to anticipate the prosecution’s strategies and develop a robust defense on your behalf.
When you choose Andrew as your defense attorney, you benefit from:
Comprehensive Legal Knowledge: Andrew’s thorough understanding of Illinois obscenity laws ensures that your case will be handled with the utmost competence and care.
Aggressive Defense Strategies: Andrew is known for his relentless and proactive defense tactics, exploring every possible angle to protect your rights.
Personalized Attention: Andrew provides each client with individualized attention, ensuring that your specific circumstances and needs are fully addressed.
Defending Against Obscenity Charges in Chicago
Successfully defending against obscenity charges requires a strategic and comprehensive approach. Andrew M. Weisberg will thoroughly investigate the circumstances of your case, scrutinizing every piece of evidence and questioning the validity of the prosecution’s claims. Some potential defense strategies may include:
Challenging the Definition of Obscenity: One of the key elements in an obscenity charge is proving that the material meets the legal definition of obscenity. Andrew will challenge the prosecution’s interpretation and argue that the material has artistic, literary, political, or scientific value.
Lack of Knowledge or Intent: Obscenity charges require proof that you knowingly distributed, created, or possessed obscene materials. If there is doubt about your knowledge or intent, this could be a significant defense.
First Amendment Protections: Andrew may argue that the material in question is protected under the First Amendment’s freedom of speech, depending on the content and context.
Violation of Constitutional Rights: If your rights were violated during the investigation, arrest, or interrogation—such as through unlawful search, seizure, or coercion—Andrew may be able to have key evidence suppressed, weakening the prosecution’s case.
Andrew will work tirelessly to build a strong defense, aiming to reduce the charges, negotiate a favorable plea, or secure an acquittal.
The Importance of Early Legal Intervention
If you have been charged with obscenity, it is crucial to seek legal representation as soon as possible. Early intervention by a skilled attorney can make a significant difference in the outcome of your case. Andrew M. Weisberg will take immediate action to protect your rights, gather evidence, and develop a defense strategy tailored to your specific situation.
Andrew M. Weisberg: Committed to Your Defense
Facing charges of obscenity can be overwhelming and stressful. Andrew M. Weisberg is committed to providing compassionate and effective legal representation throughout the entire process. He will keep you informed at every stage, answer all your questions, and fight tirelessly to protect your rights and future.
Contact the Law Offices of Andrew M. Weisberg Today
If you have been arrested or charged with obscenity in Chicago, don’t delay in seeking legal representation. Andrew M. Weisberg is available 24/7 to discuss your case and provide the immediate assistance you need.
Contact Andrew today for a free, confidential consultation:
Phone: Call (773) 908-9811 anytime, day or night.
Online: Fill out the Case Review form on our website, and we will get back to you promptly.
Remember, the sooner you have an experienced attorney on your side, the better your chances of achieving a favorable outcome. Let Andrew M. Weisberg put his expertise to work for you.
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