Michigan Criminal Sexual Conduct Lawyers
Here in Michigan, Criminal Sexual Conduct (CSC) is the legal phrase that refers to a wide variety of crimes of a sexual nature. Penalties are often severe, with the harshest being life without parole. CSC charges are separated into four varying degrees, with CSC in the first degree, second, and third degrees being called felonies. However, that’s deceptive. CSC 4th degree, is the least serious of the charges and it is called a “high court misdemeanor”. That phrase is misleading because it is treated in every respect, like a felony case.
Other forms of punishment must include registration as a sex offender, and may include electronic monitoring, etc. In addition, whether guilty or innocent, accused sex offenders may face a lifelong stigma that affects current and future relationships, employment opportunities, and housing. If you are accused of a sexual offense, it is imperative that you obtain an aggressive criminal defense attorney with extensive experience defending those accused of sexual assault. At The Kronzek Firm, our experienced sex crime defense attorneys have a high rate of success in defending clients all over Michigan from CSC charges. Contact us now.
First Degree CSC
Out of the four degrees of Criminal Sexual Conduct (CSC) under Michigan law, First Degree CSC is considered to be the most serious and carries the harshest penalty (in some cases, punishment can be even more severe than a homicide charge). First Degree CSC involves not only sexual penetration of the victim but includes at least one “special circumstance.,” The special circumstance could be the victim’s age, whether the sexual penetration involved the commission of any other felony, whether a weapon was used, whether the perpetrator was in a position of authority, etc. Read more here: First Degree CSC.
Second Degree CSC
Second Degree CSC involves sexual contact with the victim instead of penetration. Sexual contact is defined as the intentional touching of the victim’s or actor’s intimate parts or the clothing covering the immediate area of the intimate parts for the purpose of sexual arousal or gratification. However, despite the lack of penetration, a Second Degree CSC charge is still an extremely serious felony punishable by imprisonment up to 15 years. Additionally, if the sexual contact was committed by an individual 17 years of age or older against a victim less than 13 years of age, he or she will be sentenced to lifetime electronic monitoring. Read more here: Second Degree CSC.
Third Degree CSC
Third Degree CSC, like First Degree CSC, involves sexual penetration of the victim. It also includes circumstances such as the victim being between 13 and 16 years of age (sometimes called statutory rape), the perpetrator used force or coercion, or the victim was unable to legally consent because he or she is mentally incapable, mentally incapacitated, or physically helpless, and the actor has reason to know. Third Degree CSC is a felony punishable by up to 15 years imprisonment as well as lifetime registration on the sex offender registry. Penetration of a person under 13 years of age requires the judge to sentence the offender to not less than 25 years behind bars. Read more here: Third Degree CSC.
Fourth Degree CSC
Fourth Degree CSC, while not technically called a felony, is still a serious sex crime. It is treated by the courts as a felony offense and a felony sex assault conviction. It involves sexual contact with another person with less aggravating circumstances than Second Degree CSC and may be punishable up to 2 years in prison along with lifetime registration on the sex offender registry. A typical Fourth Degree CSC situation is in the workplace where a person in a position of power or authority is accused of sexually touching someone without his or her consent. Read more here: Fourth Degree CSC.
Assault with Intent to Commit Criminal Sexual Penetration
Assault with Intent to Commit Criminal Sexual Penetration is a felony in Michigan that involves assault with intent to commit criminal sexual conduct, aka “attempted rape.” Assault is an attempt to commit a forceful, violent, or offensive touching of someone or intent to make the victim reasonably fear the forceful, violent or offensive touching. Although uncommon, Assault with Intent to Commit Criminal Sexual Penetration is still a serious offense punishable up to 10 years in prison as well as registration on our public sex offender registry, depending on the ages of the victim and perpetrator. Read more here: Assault with Intent to Commit Criminal Sexual Conduct.
Assault with Intent to Commit Criminal Sexual Penetration in the Second Degree
A/K/A Assault with Intent to Commit Criminal Sexual Conduct II Involving Contact. This felony offense is similar in nature to the above mentioned crime. Also uncommon, punishment for this sex crime may include imprisonment up to 5 years and registration on the sexual offender registry. Read more here: Assault with Intent to Commit Criminal Sexual Conduct II Involving Contact.
Federal Child Pornography Laws
Federal child pornography cases, as a rule, are much more serious than state child pornography laws with much harsher penalties and require a much more aggressive defense. A defendant accused of producing, distributing, or possessing child pornography of any variety are commonly prosecuted in federal court. In some cases, a federal prosecution could be in addition to a state prosecution. Read more here: Federal Child Pornography Laws.
Michigan Child Pornography Laws
Under Michigan law, child pornography, or “child sexually abusive material,” (CSAM) includes any depiction of a child or appears to include a child engaged in a sexual act. This crime involves creating, distributing, or possessing child pornography as well as enticing a child to engage in child pornography. Penalties vary, with the maximum punishment being up to 20 years in prison and a $100,000 fine. Read more here: Michigan Child Pornography Law.
Crimes involving sexting, or the practice of sending sexually explicit text messages to others, are becoming more and more common. If prosecuted, an offender could end up on the Michigan sex offender registry. If the sexting involves child pornography, a common situation when teenagers store and share sexually explicit images of their peers, the offender could be subjected to punishment of up to 20 years in prison, a fine of up to $100,000, or both. Read more here: Sexting.
Sex Offender Registry
In Michigan, all persons convicted of a sex crime are required to register on Michigan’s public sex offender registry. The registry is an online database consisting of convicted sex offenders, and it is searchable and open to the public. The database includes information such as addresses and photographs. In addition to the public database, offenders on the registry must report in person to the registering authority (police department) to verify their presence and addresses. Offenders may remain on the registry for a set number for years or even for life. Read more here: Michigan Sex Offender Registration.
Sexually Delinquent Person
“Sexually delinquent person” is a term that refers to a person who, according to the court, suffers from a specific kind of sexual behavior. This includes compulsively disregarding other people’s rights, refusing to acknowledge consequences, using force against their victims, or consistently preferring victims who are underage. Read more here: Sexually Delinquent Person.
Don’t Give Up
While no one can guarantee a particular result, we are proud of our many successful case results. We have won trials where the government touted DNA experts from the Michigan State Police Crime Laboratory. We have won trials where children testified against our client. We have won cases where teenagers testified. We have won trials where there were delayed disclosures. We have exposed false allegations. We have won trials where children were manipulated into giving false testimony. For more information on our approach to helping clients in need of a Michigan Sex Crime lawyer, visit SexCrimeAttorneys.com.
While many lawyers have never even tried a CSC case, we have tried many of these cases all over Michigan and have received excellent results doing so, including numerous “not guilty” verdicts. We take an aggressive stance on defending our clients, which includes hiring top-notch expert witnesses and investigators to help with the case. Also, we will not judge a client for what they have been accused of doing. Every person in the United States is entitled to excellent criminal defense, and that is what we will provide. Contact us immediately for your free initial consultation: (866) 766-5245.