Michigan Criminal Sexual Conduct Defense Attorneys

Aggressive and Passionate Attorneys that are Not Afraid to Fight and Win! When no one else can help you, we will find a way to protect and defend you.

Few Lawyers Have the Skill, Savvy, and Experience to Consistently Win

Without question, criminal sexual conduct, otherwise known as CSC, charges are so serious that the mere allegation can change lives. Unfortunately, false criminal sexual conduct charges are prevalent because there is rarely physical evidence, and the allegations are damaging. At LEWIS & DICKSTEIN, P.L.L.C., we have successfully defended criminal sexual conduct cases throughout Michigan through tenacious representation, sophisticated investigation, and extraordinary trial work. Prosecutors that handle criminal sexual conduct cases are typically “Special Prosecutors.” Special Prosecutor means that the criminal sexual conduct prosecutor is specifically assigned to the Special Victim’s Unit because they are highly experienced, extremely proficient, and very well trained. If a defendant does not have a criminal sexual conduct defense attorney with sufficient skills and experience, it is unlikely they will stand a chance in court.

Criminal sexual conduct defense attorneys know that the best way to defend these cases is through tenacious, tireless representation. A common misconception is that criminal sexual conduct charges are indefensible. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C., has successfully defended hundreds of these cases. Many criminal sexual conduct cases handled by LEWIS & DICKSTEIN, P.L.L.C. resulted in NOT GUILTY verdicts despite many defense attorneys, judges, and prosecutors believing that the cases were unwinnable.

There are four degrees of Criminal Sexual Conduct (CSC):

1st Degree Criminal Sexual Conduct – MCL 750.520b

Felony requiring sex offender registration.
Maximum Sentence – prison term of life or any term of years
Elements – sexual act involving penetration (sexual intercourse, anal intercourse, cunnilingus, fellatio, intrusion into any other body part or object in genital or anal openings) and any of the following:
- victim is under 13 years old,
- victim is 13-15 years old and is a blood affiliation to the defendant, lives in the defendant’s household, or the defendant is in an authority position over the victim,
- multiple actors are involved, and force/coercion was used to accomplish the sexual penetration, or the victim is incapacitated (physically helpless, mentally incapacitated or mentally defective),
- weapon involved,
- personal injury and force/coercion,
- personal injury and victim incapacitated, or
- defendant is in the process of committing another felony

2nd Degree Criminal Sexual Conduct – MCL 750.520c

Felony requiring sex offender registration.
Maximum Sentence of up to 15 years in prison.
Elements: sexual contact with the genital area, groin, inner thigh, buttock or breast, and any circumstances listed for 1st Degree CSC.

3rd Degree Criminal Sexual Conduct – MCL 750.520d

Felony requiring sex offender registration.
Maximum Sentence of up to 15 years
Elements: Sexual penetration and any of the following:
- victim is 13-15 years old,
- force or coercion, or
- victim incapacitated,

4th Degree Criminal Sexual Conduct – MCL 750.520e

High Court Misdemeanor (a felony for all intents and purposes) requiring sex offender registration.
Maximum Possible Sentence of up to 2 years in prison
Sexual contact and any of the following:
- force or coercion,
- victim incapacity, or
- defendant works for the Department of Corrections, and the victim is an inmate.

Corroboration of an Allegation is Not Necessary

A common misconception in criminal sexual conduct cases is that there must be independent proof of the crime other than the alleged victim’s word. This is not true. After a criminal sexual conduct trial, a judge instructs the jury that evidence other than the complainant’s testimony is unnecessary if that testimony proves guilt beyond a reasonable doubt. For example, if a woman claimed that a man squeezed her buttocks in an elevator, this would be criminal sexual conduct in the 4th degree, and there would be physical evidence. In most cases, physical evidence is rarely available, and the prosecution relies on the victim’s testimony as proof. The defense lawyer must identify any weaknesses in the prosecution’s case and use them to defend the client or show their innocence.

What do you do if there is a criminal sexual conduct allegation?

Let’s begin with the understanding that the police are not your friends and are not there to help you. It is legal for the police to lie to you. Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:

Do not believe anything a police officer says. Remember, police are allowed in Michigan to lie during an investigation. Do not trust anything a police officer tells you. Police are trained to misrepresent the truth, lie about evidence that does not exist, and claim that they are on the suspect’s side and do not believe the complainant. Common lies include: if you have nothing to lose, you will talk, if you are innocent, you will take a polygraph, if you did nothing wrong, you would not want to speak to a lawyer, etc.

Do not talk to the Police Under Any Circumstances. Be polite and courteous, but do not talk to the police without a lawyer. Do not discuss the investigation or answer any questions. Simply say, “I invoke my right to remain silent under the 5th Amendment to the United States Constitution, and I demand to see my lawyer.” Many people believe that if they have nothing to hide, the right thing to do is talk to the police and explain their side of the story. This could not be further from the truth. Police are not impartial and generally approach a suspect believing that the person is guilty. They will hear what they want to hear, which means they will hear inculpatory things even then they are not said. It would be impossible for anyone to avoid simple mistakes regarding time, date, or some other insignificant fact during a lengthy interrogation. Even though such a mistake may seem inconsequential, the police and prosecution will claim the error shows dishonesty and the inability to keep a story straight.

Do not agree to any search. Never consent to anything without being instructed to do so by a criminal sexual conduct defense attorney. Again, be respectful but do not help the police with their investigation even if you are innocent. If you are asked to be photographed or fingerprinted during the booking process, you must cooperate with those procedures.

It is a common misconception that you are entitled to make a phone call. On the other hand, officers will often allow a phone call if you ask. If they refuse, remain silent and continue to ask for a lawyer. If you are allowed a phone call, call your most reliable friend or family member and tell them to get an experienced criminal sexual conduct defense attorney for you immediately. Inform the officers that you wish to make a telephone call. The criminal sexual conduct defense attorneys with LEWIS & DICKSTEIN, P.L.L.C., are available 24/7 to help you. Remember that phone calls from the jail or a police station are usually recorded, and anything you say can and will be used against you. Don’t discuss the facts of the case or the allegations!

Hire a lawyer the moment you hear about an allegation. If engaged before charges are filed in court, an experienced defense lawyer may convince the police or prosecutor not to file charges. Waiting to see if charges are filed means you may miss an opportunity to avoid charges altogether. Hiring a defense attorney on a precharge basis might be the best investment you ever make.

Do not talk to anyone other than your lawyer about the facts of the case or the allegations. Remember that other prisoners are looking for an opportunity to speak with you about your situation to try and get favors on their cases in exchange for giving information about you or the case. Not surprisingly, many people will make something up to try and help them, so it is best not to talk to anyone about anything when in custody.

Romeo & Juliet Laws in Michigan

There is one possible exception to the requirement of public registration as a sex offender for a conviction of statutory rape that falls under the Romeo & Juliet law in Michigan, which took effect in Michigan on July 1, 2011. A person found guilty of statutory rape of a minor may be exempt from having their name registered publicly as a sex offender if the following legal requirements are met:

The alleged victim was between the ages of 13 and 16; and
There was no more than four years difference in age between the partners; and
The sexual contact was consensual.
The sexual contact did not involve penetration.