Sex crimes 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, each with a different set of possible criminal penalties. In the 1st, 2nd, or 3rd degree sex offense can result in a felony conviction, while 4th degree CSC is a misdemeanor charge.
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.
PENALTIES FOR CONVICTION
Third-degree criminal sexual conduct is a felony offense. If you are convicted, you may receive a prison sentence of up to 15 years. You may be sentenced to a mandatory minimum of 5 years in prison if you have a previous conviction for a first degree, second degree, or third degree criminal sexual conduct charge in Michigan, or a conviction in another state for rape, carnal knowledge, indecent liberties, gross indecency, or an attempt to commit one of those offenses.
Your sentence also may depend on how a judge views the evidence in your case. The Michigan Supreme Court ruled recently that judges have the discretion to decide reasonable sentences for criminal convictions, and should not be restricted by the sentencing ranges that the Legislature writes into state law. An experienced Michigan criminal defense lawyer can explain how this affects the potential outcome of your charge.
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.
Sex offense can be a tricky charge because you can still be charged even if the other person consented and you had no intent to commit a sex crime. However, your situation may not be without hope, and a skilled criminal defense lawyer may be able to help.
If your case is pending, a sex crimes attorney can help you navigate the system and work to secure the best possible result in your case. It may be possible to get your charge dismissed, to convince a jury to acquit you or to convince a judge that you should be shown leniency.
