There are several different ways that 1st Degree CSC is defined, and several types of action that may result in a first-degree criminal sexual conduct charge under Section 750.520b of the Michigan Penal Code if you’re suspected of committing one of them. Those include:
Sexual penetration of a child under age 13
Sexual penetration of a child age 13 to 16 who is a member of your household; related to you to the fourth degree; or over whom you hold a position of authority that you use to coerce penetration
Sexual penetration of another person while committing any other felony
Sexual penetration of another person when you are helped by one or more other people and you know that the victim is either mentally or physically incapacitated or you use force or coercion to rape the other person
Sexual penetration of another person when you are armed with a weapon or something the other person believes is a weapon
Causing personal injury to another person while using force or coercion to accomplish sexual penetration
Causing personal injury to another person during sexual penetration when you know the other person is mentally or physically incapacitated
Sexual penetration of another person you know is mentally or physically incapacitated and is a relative to the fourth degree or someone over whom you hold a position of authority that you use to coerce penetration
First degree criminal sexual conduct is punishable by up to life in prison. If a minor is involved, defendants convicted of this offense may face a mandatory minimum sentence of 25 years and lifetime electronic monitoring. Sometimes, the court may order a conviction of first degree CSC to be served consecutively (back-to-back) to other offenses arising out of the same transaction, rather than concurrently (at the same time). Finally, all offenders convicted of CSC first degree will remain on the Michigan Sex Offender Registry for life, unless they qualify for early removal. As a practical matter, there are three ways to avoid these severe consequences of a conviction:
Win at trail (either a bench trial or a jury trial).
Get the charges reduced
Get the charges dismissed
If you are being accused of sexual penetration with any of these conditions, you could face lifetime imprisonment. Do not hesitate to get the best criminal sexual conduct defense in Michigan.
If you are accused of Criminal Sexual Conduct 1st Degree in Michigan, do not speak with the polie, Contact a Michigan Criminal Sexual Conduct Defense Attorney immediately. Nothing can hurt you more than your own words. Police investigators are highly trained at getting you to confess or incriminate yourself. In Michigan, if you tell a cop nine things that prove your innocence, but one thing that either places you at the scene or can be twisted around to make you sound guilty of First Degree Criminal Sexual Conduct, only that one thing will be allowed in Court. The rules and the system are designed to convict you, not get to the truth.