Criminal Sexual Conduct (CSC) charges are among the most serious criminal allegations. They also come with long-lasting consequences for those accused, which ruins their social and professional life. If you find yourself facing these charges, a qualified CSC lawyer in Clinton County can help you get out of this situation.
Below are the key statutory sections under Michigan law that outline the charges, penalties, and potential defenses available.
An Overview of Sections
Michigan law defines CSC offenses under four degrees, each governed by distinct section numbers. These laws address varying degrees of severity and circumstances surrounding the alleged crime. A CSC attorney can explain how these statutes apply to your case.
Key Sections Under Which a CSC Lawyer in Clinton Country Can Defend You
1. First-Degree Criminal Sexual Conduct (MCL § 750.520b)
First-degree CSC has the harshest penalties and usually involves claims of sexual penetration with additional serious factors such as:
- The victim is under 13 years of age.
- The accused holds a position of authority over the victim.
- The use of force or coercion accompanied by bodily harm.
- The victim has a mental or physical disability, and they are incapable of giving consent.
- The alleged act involved multiple perpetrators.
- The crime occurred during the commission of another felony.
Convictions under this section can lead to life imprisonment. A good CSC lawyer in Clinton County can challenge evidence, question witness credibility, and build a defense according to the specific circumstances of your case.
2. Second-Degree Criminal Sexual Conduct (MCL § 750.520c)
This emphasizes more on sexual contact rather than penetration, with aggravating factors similar to those in first-degree offenses. This charge may arise in situations involving:
- Victims under 13 years old.
- Family or household relationships between the victim and the accused.
- The accused uses a weapon to threaten or intimidate the victim.
- The victim is mentally incapacitated or physically helpless.
- The accused is aided or abetted by another person.
- The alleged conduct occurs during a medical examination under false pretenses.
Penalties for second-degree can include up to 15 years in prison and mandatory registration as a sex offender. An experienced attorney will work to mitigate these outcomes through strategic legal approaches.
3. Third-Degree Criminal Sexual Conduct (MCL § 750.520d)
Third-degree CSC involves sexual penetration but lacks the serious factors seen in first-degree cases. Common situations include:
- Victims aged 13-15.
- Sexual activity with consent obtained through fraud or coercion.
- The accused is a teacher or school employee, and the victim is a student.
- The accused is a member of the clergy, and the victim sought counseling from them.
- The victim is under the legal custody or supervision of the accused.
- The accused knowingly has a sexually transmitted infection (STI) and does not disclose it.
This offense carries a maximum penalty of 15 years in prison. A CSC lawyer in Clinton County can examine the circumstances surrounding consent and other factors to challenge the prosecution’s case.
4. Fourth-Degree Criminal Sexual Conduct (MCL § 750.520e)
Fourth-degree CSC, often considered a misdemeanor, involves sexual contact without penetration. The following situations commonly lead to such charges:
- The accused uses coercion but without physical force.
- A professional relationship exists between the parties, such as a teacher and student.
- The victim is incapacitated due to alcohol or drugs, and the accused takes advantage of this condition or situation.
- The accused engages in unwanted sexual contact as part of a pattern of harassment.
- The accused is a health professional, and the act occurs under the guise of treatment.
- The victim is between the ages of 16 and 18, and the accused is in a position of authority.
Penalties for fourth-degree CSC include up to two years of incarceration and fines. Even though these charges are less severe, the collateral consequences are significant. An attorney can craft a defense to protect your future in this situation.
Defenses Available for CSC Charges
Building a defense requires a detailed analysis of the evidence, statutory requirements, and procedural adherence by law enforcement. Common defenses include:
1. Consent
In cases involving adults, proving that the alleged act was consensual can be a good defense. A CSC Lawyer in Clinton County will examine communication records, witness statements, and other evidence to support this argument.
2. Wrong Allegations
False accusations may arise due to misunderstandings, ulterior motives, or wrong intent. A skilled attorney will thoroughly investigate the accuser’s credibility and any inconsistencies in their statements.
3. No or Fewer Evidences
The prosecution must meet the high standard of proving guilt beyond a reasonable doubt. A lawyer who has experience in CSC can challenge weak evidence, improper procedures, or lack of corroboration.
Wrap Up
Sexual crime against an individual can leave scars for life, both physically and mentally. This is why cases that involve CSC deal with extreme strictness. If you are facing a charge or a false charge, it’s important to get an experienced lawyer who can use factors like age and other attempt-related laws to help you build a good defense and fight against such charges.
Contact a qualified CSC lawyer in Clinton County at Protect My Freedom.
Author: Protect My Freedom
Kareem Johnson is an experienced trial lawyer who has seen it all. In his years as a public defender, Mr. Johnson handled over 100 cases yearly. These cases ranged from First Degree Murder to Drunk Driving. Mr. Johnson has also dealt with a wide variety of media cases. Mr. Johnson knows when it is best to make a statement to the media and understands the value of telling them “No comment.” You do not have to worry about Kareem Johnson making statements to garner attention for himself. Kareem Johnson understands the interest of the client always comes first.
