Defense Against Criminal Sexual Conduct Charges In Michigan
A conviction for criminal sexual conduct can have a lasting impact on the rest of your life. You need focused, experienced legal representation right away.
When you work with me at my firm, the Law Office of James K. Champion, PLLC, I can be your advocate amid adversity. I offer aggressive representation against all charges related to criminal sexual conduct, and I always put my clients first. I am James Champion, and my defense work has been featured on ABC News, Dateline NBC and other programs.
Criminal Sexual Conduct Is Charged At Different Degrees
There are four tiers of criminal sexual conduct in Michigan, categorized by the level of offense and potential punishment. They are as follows:
- Fourth-degree: A high court misdemeanor involving intimate touching with coercion, force and minor victims; punishable by up to two years in prison
- Third-degree: A felony involving penetration with force or coercion or a helpless or incapacitated person; possible consequences include a 15-year prison term
- Second-degree: A felony involving touching with aggravating factors, such as a victim under 13; punishable by up to 15 years of imprisonment and, possibly, lifetime electronic monitoring
- First-degree: A felony involving penetration and aggravating factors such as a minor victim or violence; penalties include lifetime imprisonment or a shorter term with lifetime electronic monitoring
In Michigan, even a misdemeanor charge for a sexual offense can come with severe consequences. Misdemeanor offenses include:
- Indecent exposure
- Lewd conduct
- Unwanted touching
- Sexual assault, rape or date rape
- Statutory rape (involving a minor)
- Sexting with a minor
- Molestation, sex abuse
Those in trusted roles, like members of the clergy and educators, typically face more severe consequences because of their positions of authority.
Your Criminal Sexual Conduct Questions, Answered
Below, I’ve provided answers to common questions about CSC charges and consequences for conviction.
How do I defend against criminal sexual conduct charges if the allegations were false?
It is critical to gather evidence that supports your innocence. This may include witness testimony, electronic communications and/or a confirmable alibi. You will need the help of a skilled attorney to build a strong defense strategy, challenge the credibility of the accuser and present your side effectively in court.
What are some common aggravating factors in criminal sexual conduct charges?
The following are just some examples of aggravating factors in criminal sexual conduct charges:
- The victim is a minor (broken down into ranges such as under age 13, ages 13 to 16, etc.).
- The victim is disabled or helpless.
- The defendant uses or possesses a weapon.
- The defendant is in a position of trust and authority (a teacher, coach, clergy member, etc.).
- The defendant causes injury to the victim.
- The defendant uses force or coercion.
- The defendant is a blood relative of the victim.
Specific aggravating factors may vary depending on the degree of criminal sexual conduct being charged.
Which degrees of criminal sexual conduct require registration on the sex offender registry?
Under state law, nearly every person convicted of a sex crime is required to register on Michigan’s sex offender registry. If you’ve been charged with any degree of criminal sexual conduct, then you should assume that a conviction will result in the requirement to register. The length of time that you would remain on the list would depend on the offense, but the minimum time period is typically 15 years.
The sex offender registry is searchable by anyone and will have major negative impacts on your ability to find a job, get approved for housing and even be part of a community. These consequences can be worse and longer-lasting than any prison time you might face. Therefore, it is critical to keep your name off the registry by avoiding conviction if possible.
Can a criminal sexual conduct conviction in Michigan be expunged?
Only fourth-degree criminal sexual conduct convictions can be considered for expungement, and conviction must have occurred prior to January 2015. In order to qualify, the convicted offender must also have no significant convictions on their record after that time.
If you want to know more about your eligibility, speak with an experienced defense lawyer who can help you understand your options.
Why You Need Skilled Defense Representation
In a case involving criminal sexual conduct, your freedom and way of life are at risk and so is your reputation. An attorney can lower the odds of conviction, potentially keeping you out of jail and off the sex offender registry.
Start Your Defense Today
My experience has taught me to anticipate prosecutor tactics and create strategies to overcome them. Harness this knowledge for your defense, beginning with a free consultation. Call 616-953-8499 or send me an email 24/7 to make arrangements.