Third Degree Criminal Sexual Conduct |3rd Degree CSC

 

K&C Group Photo - 28 Oct 2013 - 08-33-46-2In Michigan, Third degree Criminal Sexual Conduct (3rd degree CSC) is a crime normally punishable by up to 15 years in prison.  A conviction for this crime requires the prosecution to prove criminal sexual penetration and not just sexual contact. There are many factors that are considered when prosecutors are deciding which of the four degrees of Criminal Sexual Conduct to charge a defendant with.  All are serious.   A 3rd degree sexual misconduct crime could cost you your freedom and can land you on the sex offender registry for life.  For immediate assistance with a criminal investigation or prosecution, contact our office and speak with a member of our CSC defense team.

Statutory Rape

Perhaps the most common CSC 3rd degree charge is what is commonly known as statutory rape.  Although this is a common law term that was abandoned when Michigan created the  criminal sexual conduct statutes, it is still a useful term that is used by many.  Generally, statutory rape is an act of sexual penetration of any kind involving a person who is too young to legally consent to sexual activity.  In Michigan, the age of consent is 16, so we see many cases with consensual sexual intercourse between teenage boyfriend and girlfriend.

You do not need to be an adult to be charged with this crime.  Many teenagers are charged with CSC 3 in Michigan.  It is best for a person being investigated to not speak to police about the relationship.  This is because many young people mistakenly believe that it will help them to tell the police that the sexual activity was consensual.  Parents should caution their children not to discuss the case unless directed to do so by a qualified attorney.

Do I Need an Attorney?

The short answer is yes, you need an attorney:

  • If you are being accused of sexual contact with a minor
  • If you are being accused of sexual penetration with a minor
  • If you had sexual contact with a person and then learned that the person’s age was under 16
  • If you are being accused of sexual activity with a person unable to consent due to drugs, alcohol or mental capacity

People who are being investigated for a Michigan sex crime or who have been charged with one will want to speak with attorneys who regularly represent clients accused of state or federal sex crimes including third degree CSC. At Kronzek & Cronkright, PLLC, we have been aggressively defending our clients for over 100 combined years. We are not afraid to take a CSC case to trial. This approach has earned our past clients some very favorable results.

Penalties for third degree Criminal Sexual Conduct

CSC in the third degree involves sexual penetration, and because of that, this crime’s penalties are very severe. People convicted of CSC third degree may end up in prison for up to 15 years.  In some instances, sentences can be enhanced because of prior crimes, bond status, probation status or parole status.  All people who reside in Michigan after a Michigan conviction for this crime will be placed on Michigan’s sex offender registry.

Third degree Criminal Sexual Conduct attorneys

We understand how scary it can be to be facing CSC third degree charges. Fortunately, we are here to put our many years of experience to use for you. The value of hiring an excellent sex crimes defense attorney is immeasurable.  You should not go through an investigation, prosecution or trial poorly defended.

The prejudice and bias in the court system that comes when a person is accused of a sex crime is immense.  Most clients feel like they are treated as if they were guilty from their first court appearance.  Police will aggressively tell you that they know you are guilty.  Bonds are often set unreasonably high.  In many counties, bonds are typically set well beyond the reach of a defendant on sexual penetration charges even though the court is supposed to consider you innocent until proven guilty.

Will Your Story End Well?

There are some hard realities that attach to sex crime prosecutions in Michigan:

  • Michigan prisons are full of people convicted based primarily on the testimony of the “victim.”
  • Michigan juries are specifically told that if they believe the victim’s story, they do not need any corroborating evidence to convict.
  • In some instances, people pass polygraph examinations only to be told by police that they failed.  This is considered an appropriate investigative technique and is designed to elicit a confession.
  • Juries tend to believe that children would not lie about something as important as a sexual assault.
  • Michigan has extremely harsh laws for crimes involving children, with certain crimes carrying both potential  life in prison and a mandatory minimum of 25 years.

The Answer is to Obtain a Very Good Attorney

Because the stakes are so high, a criminal defendant should never go through a CSC prosecution without the best attorney possible.  Think of it this way: on many CSC cases the actual sentences are harsher than some homicide cases that come before the same sentencing judge.  A defendant should not have to face this potential without the highest caliber of attorney.  You should make sure you hire a law firm where the attorneys have actually won CSC trials and not just worked out plea deals.

Our actual trial victories include the following case scenarios:

  • Allegations by children (numerous)
  • Prosecution DNA experts testifying for the prosecution (numerous)
  • Multiple “victims” testifying (numerous)
  • Medical doctors or Sexual Assault Nurse Examiners (SANE) testifying for the prosecution (numerous)
  • Child interview experts testifying for the prosecution (numerous)

Our Promise to You:

If you or a loved one is facing a sex crime allegation and believe that you may be able to afford retained counsel, we are prepared to offer you the following:

  • A free consultation.  We make it very easy for you to get on the phone, come to one of our offices, have a visit at your home, schedule an on-line video consult with Skype, Face-Time, etc.  We make it easy for you to talk with an attorney who has successfully defended sex crime cases.
  • A team defense.  Every sex crime prosecution is serious.  We will probably take it more serious than you do.  That is what you deserve.  That is why every one of our CSC cases gets the attention of a team.
  • A chance to be on the team.  Our vision is that we don’t just work for clients, we work with them.  We listen, we formulate strategies together, we roll up our sleeves together.  That has a lot to do with why we win cases.
  • Excellent communication.  Our attorneys will take your calls.  We will read your e-mails.  We will listen to your version of events.  We will listen to your ideas and answer your questions.  We will work with your support group when you want us to.
  • An expert CSC defense.  In Michigan, attorneys are not allowed to call themselves specialists.  However, the fact is that we defend CSC cases on a daily basis and have won many difficult cases.  We have the experience and courtroom skill necessary to give you the best possible defense.

We firmly believe that if we work together we get the best results possible for our clients.

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