Are You Facing Obscenity Charges in Houston, TX?
If you or a loved one is facing criminal charges in Houston, TX, it is essential to seek professional legal advice and representation to navigate the intricacies of the criminal justice system. Obscenity in criminal defense in Houston, TX is a highly controversial issue that can result in severe consequences, including damage to your reputation, hefty fines, and even imprisonment. This is where the skill of a criminal defense attorney comes into play.
At Scott M. Brown & Associates, we understand the complexities surrounding obscenity in criminal defense in Houston, TX. Our team of attorneys has a track record of successfully representing clients in a range of criminal defense cases, including obscenity charges.
Our attorneys understand the importance of balancing free speech protection and the rights of those who may be offended by sexually explicit or offensive material. We have in-depth knowledge of the rules and guidelines established by the court system and use this to present your case effectively while respecting the rights of all parties involved.
If you are facing obscenity charges, do not hesitate to contact us for a consultation. Our criminal defense attorneys will fight for your rights and work tirelessly to defend your reputation. Let us provide you with the best possible legal representation. Contact us today.
Why Do I Need a Criminal Defense Attorney in Houston, TX?
If you are facing obscenity charges in Houston, TX, it is important to have a criminal defense attorney on your side who has experience in handling these types of cases. Obscenity charges can carry serious consequences, including hefty fines and possible jail time, so it is important to have an attorney who can help protect your rights and fight for the best possible outcome for your case.
Here are some reasons why you may need a criminal defense attorney from Scott M. Brown and Associates for obscenity charges in Houston, TX:
- Understanding the Law: Obscenity laws can be complex and vary from state to state. A criminal defense attorney who is familiar with the laws in Houston, TX, can help you understand the charges against you, the potential consequences, and your legal options.
- Protecting Your Rights: A criminal defense attorney can help ensure that your constitutional rights are protected throughout the legal process. This includes ensuring that any evidence used against you was obtained legally and that your due process rights are respected.
- Negotiating with Prosecutors: In some cases, a criminal defense attorney may be able to negotiate with prosecutors to have your charges reduced or dismissed. This can help you avoid the most severe consequences of a conviction.
- Representing You in Court: If your case goes to trial, a criminal defense attorney can represent you in court and present a strong defense on your behalf. They can cross-examine witnesses, challenge evidence, and argue for your innocence.
- Providing Guidance and Support: Facing obscenity charges can be a stressful and overwhelming experience. A criminal defense attorney can provide you with guidance and support throughout the legal process, helping to alleviate some of the stress and uncertainty.
Overall, having a criminal defense attorney on your side can help ensure that your rights are protected and that you receive the best possible outcome for your case. If you are facing obscenity charges in Houston, TX, it is important to contact an experienced criminal defense attorney as soon as possible.
Don’t wait too long to get to the bottom of your case. Know that charges can ruin your life and rob you of opportunities. Get in touch with a criminal defense attorney from Scott M. Brown and Associates right now.
What is Obscenity in Criminal Defense?
Obscenity in criminal defense refers to the use of sexually explicit or offensive language, images, or materials in the context of a criminal trial. In Texas, the law governing obscenity in criminal defense is outlined in Texas Penal Code § 43.22, which defines obscenity as any material or performance that:
- An average person, applying contemporary community standards, would find that the material or performance, taken as a whole, appeals to the prurient interest.
- The material or performance depicts or describes, in a patently offensive way, sexual conduct such as ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of genitals.
- The material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.
The use of obscenity in criminal defense is a highly controversial issue, as it can be seen as both a violation of free speech and as an attempt to unfairly sway a jury’s opinion. As a result, courts have established rules and guidelines regarding the use of obscenity in criminal defense, and attorneys must navigate these rules carefully in order to present their case effectively while also respecting the rights of all parties involved. It is important to seek the help of an experienced criminal defense attorney to ensure that your rights are protected in obscenity cases.
What are the Different Types of Obscenity?
Based on the criteria listed above, the types of obscenity in Houston, Texas, can include:
- sexually explicit images,
- videos,
- audio recordings, as well as
- the use of sexually explicit or offensive language during a criminal trial.
It is important to note that the criteria are not a clear-cut standard and can be interpreted differently by different courts. Therefore, it is crucial to consult with an experienced criminal defense attorney who can navigate the complexities of obscenity cases and ensure that your rights are protected.
What are the Federal and Texas State Laws Regarding the Possession of Obscene Materials?
Both federal and Texas state laws prohibit the possession of obscene materials.
Under federal law, it is illegal to possess or distribute obscene materials. The law governing this offense is found in 18 U.S. Code § 1462, which prohibits the “mailing, transporting, or importing into the United States any obscene, lewd, lascivious, or filthy book, pamphlet, picture, film, letter, writing, print, or other publication of any kind.”
Similarly, Texas state law defines the offense of possession or promotion of obscene materials in Texas Penal Code § 43.23. This law prohibits the knowing possession, or accessing with intent to view, any obscene material, including images, videos, or audio recordings that appeal to the prurient interest. It also prohibits the promotion or possession with intent to promote any obscene material, including distributing or selling such material.
Both federal and Texas state law define obscene materials as any material that depicts or describes sexual conduct in a patently offensive way and lacks serious literary, artistic, political, or scientific value. Penalties for possession or promotion of obscene materials under federal and state law can be severe and may include imprisonment, fines, and forfeiture of property used in connection with the offense. The severity of the penalty depends on various factors, such as the nature and amount of the material and the offender’s criminal history.
What are the Federal and Texas State Laws Regarding Transporting Obscene Material?
Both federal and Texas state laws prohibit the transportation of obscene material.
Under federal law, it is illegal to knowingly transport or ship obscene materials in interstate or foreign commerce. The law governing this offense is found in 18 U.S. Code § 1465, which prohibits the “knowing transportation or mailing of obscene matter.”
Similarly, Texas state law defines the offense of transporting or distributing obscene materials in Texas Penal Code § 43.24. This law prohibits the knowingly transporting, distributing, or promoting any obscene material, including images, videos, or audio recordings that appeal to the prurient interest.
Penalties for transporting or distributing obscene materials under federal and state law can be severe and may include imprisonment, fines, and forfeiture of property used in connection with the offense. The severity of the penalty depends on various factors, such as the nature and amount of the material and the offender’s criminal history.
Call our Obscenity Criminal Defense Attorney Now!
If you are facing criminal charges related to obscenity in Houston, TX, it is crucial to seek legal representation from an experienced criminal defense attorney. Obscenity charges can lead to severe consequences, including hefty fines and even jail time. At Scott M. Brown and Associates, we have a team of attorneys with years of experience in defending clients charged with obscenity, as well as other areas of law.
In addition to criminal defense, we also handle personal injury cases such as vehicular accidents, product liability, and premises liability. We understand the emotional and financial toll of these situations and are dedicated to helping our clients receive the compensation they deserve.
Our family law practice includes divorce, custody, child support, and grandparents’ rights. We understand the sensitive nature of these cases and work tirelessly to protect the rights and interests of our clients and their families.
Don’t wait until it’s too late to seek legal help for your case. Contact us today to schedule a consultation with one of our attorneys. We are ready to fight for your rights and protect your future.
