The majority of sex crimes in Michigan come under the Criminal Sexual Conduct statutes. Number one is a crime in the first degree, which is rape. There, an individual will be facing a felony charge with penalties to include life without parole, a minimum of 25 years in prison, and lifetime GPS tether and sex offender registration. This is the most serious common sex crime charge that occurs in Michigan.
When a minor is the alleged victim of a sexual assault case, the minor’s parents or guardians do not have the authority to not press charges – this decision is left to the prosecuting attorney’s office.
If the complainant is an adult, he or she can decide whether to report the incident to police. Most often, prosecuting attorneys will not move forward with charges unless they know that the adult complainant will be cooperative throughout the process and will testify at trial, should one be required.
Criminal Sexual Conduct Penalty has different degrees of seriousness under the law from 1st through 4th. 1st degree criminal sexual conduct carries a maximum possible penalty of life in prison. CSC, like murder, can be charged under different theories and it is vital for the csc attorney to understand with exquisite detail the prosecution’s theory of sexual misconduct in developing a defense. Some statutes mandate incarceration and Sex Offender registration. Others carry mandatory minimum prison sentences of 25 years.
There are four degrees of Criminal Sexual Conduct
1st degree is a felony
2nd degree is a felony
3rd degree is a felony
4th degree is a high court misdemeanor
A common misconception in criminal sexual conduct cases is that there must be independent proof of the crime in addition to the word of the alleged victim. This is not true. Judges instruct juries at the conclusion of criminal sexual conduct trials that, it is not necessary that there be evidence other than the testimony of the complainant if that testimony proves guilt beyond a reasonable doubt.
Criminal Sexual Conduct cases, contrary to what you may have heard, can be beaten. These cases generally have few witnesses. Facts and the credibility of the evidence are of paramount importance. Forensic evidence is often not present so the case can turn into a battle of credibility.
The good Sex Crimes Defense Lawyer will thoroughly explore the allegations and evidence in the case, interview witnesses, challenge the prosecutor’s case and evidence, and prepare a vigorous defense for trial. Many times the accused makes statements to the police in an effort to clear their name. These statements to the police, friends or family can inadvertently be a key piece of evidence for the prosecution.
Choose a criminal defense attorney familiar with Criminal Sexual Conduct defenses that will be by your side throughout the proceedings. It is important that your counsel understands laws and draws on years of experience to ensure you are receiving the best possible guidance.
