Ottawa County Sexual Abuse Lawyer
Criminal Sexual Conduct Defense Attorney Defending Those Accused of Sex Crimes in Western Michigan.
Sex crimes in Michigan are known as Criminal Sexual Conduct (CSC). These crimes include many varied acts of a sexual nature. In numerous instances, the crime might involve unwanted touches or attempted touching, but not every criminal sexual conduct crime requires the alleged victim be physically touched. Notwithstanding of the degree of the charge you are facing, a sex crime allegation can forever change your life. A conviction could even diminish your prospective future relationships and employment opportunities.
Criminal Sexual Conduct is a charge that may result from sexual contact or penetration with a minor; sex acts accomplished using force or coercion, sexual assault, sex acts committed by an authority figure, or other criminal actions. There are four varying degrees of CSC in Michigan, each with a different set of possible criminal penalties. CSC in the 1st, 2nd, or 3rd degree can result in a felony conviction, while 4th degree CSC is a misdemeanor charge. If arrested for a sex offense, contact a lawyer immediately to learn more about which specific laws pertain to your situation. Our skilled team of lawyers with over 30 years combined experience in the criminal justice system is ready to provide you with a free introductory case consultation no matter where you reside in Michigan.
750.520b Criminal sexual conduct in the first degree; felony.
750.520b Criminal sexual conduct in the first degree; felony. Sec. 520b. (1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists: (a) That other person is under 13 years of age.
First Degree CSC is a “capital offense,” suggesting a person convicted may be facing up to life in prison. A person is charged with criminal sexual conduct in the first-degree when he or she engages in involuntary SEXUAL PENETRATION with a person under thirteen years of age or between 13-16 years of age and residing in the same house. The ability to give consent is often at the crux of these cases. Many alleged victims may not be in a position to lawfully provide consent.
If the actor is related by blood or in any position of authority the i.e. a teacher or school administrator, the victim cannot legally provide consent. Other examples include situations anywhere an alleged victim is incapacitated, threatened by force by the accused, or overwhelmed by the accused.
750.520c Criminal sexual conduct in the second degree; felony
Second-degree Criminal Sexual Conduct is very similar to first-degree except it alleges sexual contact, not sexual penetration. Various factors could result in a second-degree Criminal Sexual Conduct (CSC), instead of any of the other degrees. However, the most common situation is an allegation of a sexual touching of a child under the age of 13. The sentences for this crime are very severe and include prison terms of up to 15 years and placement on Michigan’s sex offender registry.
750.520d Criminal sexual conduct in the third degree; felony.
A person is convicted of Criminal Sexual Conduct in the third degree when the prosecutor can prove sexual penetration with a person who was either incapacitated in some way, between 13 and 15 years old or that the crime involved force or coercion. 3rd Degree CSC is a felony punishable by imprisonment for not more than 15 years. Date rape and statutory rape scenarios are most usually charged as CSC 3rd degree.
750.520e Criminal sexual conduct in the fourth degree; felony.
Fourth-degree criminal sexual conduct in Michigan is a misdemeanor offense that involves unwanted sexual touching. This crime typically includes touching someone for sexual purposes that is a minor, someone with a mental or physical handicap, a close relative, or through the use of a relationship like a teacher with a student, mental health provider with a patient, or prison employee with an inmate.
Get an Aggressive Criminal Sexual Conduct Attorney Before Speaking to Police
A common misunderstanding is that persons who are contacted by the police should talk to the investigators without first consulting with a criminal sexual defense attorney. Even when people have not done anything wrong, they should contact a criminal lawyer to understand their rights and to ensure that they don’t say anything wrong that might later hurt their defense case.
Criminal Sexual Conduct and Lack of Consent
Frequently the prosecutor will charge a case due to a lack of consent. It is essential to know what the evidence will confirm before ultimately committing to a defense strategy. If a sexual action seems to have transpired, the greatest defense could be that it happened but that the acting person did so after consent. In many circumstances, the prosecutor's case concerning criminal sexual conduct is dependent on whether or not the jury believes an alleged victim's statement beyond a reasonable doubt. In different situations, the prosecutor's case leans on reliable DNA or other forensic evidence.
Contact Us for Sex Crimes Defense in Ottawa, Kent, Allegan, Muskegon, and Van Buren County Michigan
Because sex crime cases often include subtleties and differing versions of situations, there could be gaps or discrepancies in the account of circumstances laid out by the prosecutor. Our team of criminal sexual conduct defense attorneys will find those inconsistencies and know how to present the evidence and facts that back up your narrative — and your innocence. With an attorney's help, you might get your charge reduced, dismissed, or get acquitted by a jury, to soften the impact on your life.