The Criminal Sexual Conduct laws in Michigan are rather complicated, and if you're looking for a place to start learning about Michigan Sex Crimes in general, we recommend visiting our Sex Crimes Main Page. As a Criminal Defense firm concentrating on defending those accused of Criminal Sexual Conduct (CSC) in Michigan, Prain Law, PLLC has hundreds of web pages and blog articles about CSC topics - there is virtually no question about CSC cases that we haven't answered in detail already somewhere on our site.
Frequently Asked Questions...
Here are the essentials on First Degree Criminal Sexual Conduct (click the links for more details on specific topics):
- Legislative statute for First Degree Criminal Sexual Conduct: MCL 750.520b
- Actual name under law: "Criminal Sexual Conduct in the First Degree"
- Other names: "First Degree CSC," "CSC 1," "1st Degree CSC," "CSC First Degree," and other, similar variants.
- Should you take a Polygraph? No. A polygraph is just another form of talking to Police. You should consult an experienced defense attorney first.
- Should you speak to Police if you are accused of First Degree CSC? 100% NO. Contact us before you do anything.
- Sex Offender Registration (SORA): Lifetime public registration with quarterly verification (Tier 3).
- Will I get a Jail or Prison sentence for First Degree Criminal Sexual Conduct? If you are actually convicted, Prison, rather than Jail, is likely.
- Maximum Penalty for Criminal Sexual Conduct 1st Degree: LIFE in Prison or any term of years (plus possible consecutive sentencing for "any other criminal offense arising from the same transaction" - as opposed to concurrent sentencing). Also, there is mandatory life without the possibility of parole (LWOP) where the alleged victim is under 13 and the accused is over 18 with a prior conviction for Second Degree CSC, Third Degree CSC, Fourth Degree CSC, or Assault With Intent to Commit Sexual Penetration or Intent to Commit Second Degree CSC.
- Common Sentencing Guidelines for CSC First Degree: 51 - 85 mos. Note that this represents a presumed minimum sentence, if the Judge abides by typical guidelines. At Sentencing, the Judge says "51 to 85 months to LIFE" (or whatever term of years the Judge selects, such as "25 years"). There are a lot of assumptions being made here, and every case is different. There is too much to address fully here.
- *Note: For those convicted of First Degree CSC in Michigan under the multiple variable where the alleged victim is under 13 and the accused is 17 or older, there is a mandatory minimum of 25 years in Prison.
- What is the Court Process for First Degree Criminal Sexual Conduct? The stages of the process in a prosecution for CSC 1 include:
- Investigation (click for tips to AVOID JAIL)
- Warrant for Arrest
- Arraignment and setting Bond
- Probable Cause Conference (PCC)
- Preliminary Examination (*Note: although it is unlikely, First Degree CSC charges could be dismissed at Preliminary Exam, including if the alleged victim doesn't show-up).
- Arraignment on the Information ("AOI") in Circuit Court.
- Pretrial stage / Motions
- Plea or Trial (including a possible Cobbs agreement if there is a plea)
- Sentencing (in the event of a plea or conviction after Trial)
- What does the Prosecution have to prove for Criminal Sexual Conduct First Degree? What Defenses can I raise to a charge of First Degree Criminal Sexual Conduct in Michigan?
- FIRST, an act of "Sexual Penetration" (which is defined more broadly, even to include oral sex on a female - click to the left for more)
- SECOND, some other fact called a "multiple variable" making the alleged Sexual Penetration illegal, such as (just a few examples):
- Age: the alleged victim is under 13, or over 13 but less than 16 and is related by blood or affinity to the accused.
- Other Felony: Sexual Penetration occurs under circumstances involving the commission of any other felony.
- Mental Condition: the accused is aided by another person, or is related by blood or affinity, and the alleged victim is mentally incapable, mentally incapacitated, or physically helpless.
- Force or Coercion: is used to accomplish Sexual Penetration, along with some other aggravating circumstance, such as being aided or abetted by another person, or causing "Personal Injury."
- What Defenses can I raise to a charge of First Degree Criminal Sexual Conduct? The basic (not all-inclusive) defenses include:
- The allegation is a LIE (click here for more information on accusers who lie in CSC 1st Degree cases).
- There was Consent.
- There was an act, however,r the Prosecution simply cannot prove one of the elements of First Degree CSC beyond a reasonable doubt.
- What if a second accuser arises in my First Degree CSC case? This can definitely complicate things. Click the link to the left for a full discussion.
- Can I be convicted of CSC 1 based on "Hearsay"? Technically, no, but click to the left, because most define "hearsay" differently than the law does.
- Does the Michigan Rape Shield law apply in a First Degree Criminal Sexual Conduct case? It applies to all Criminal Sexual Conduct cases. Whether or not it will become relevant in any particular case must be decided on a case-by-case basis. If it does, you must make sure the deadline for filing a Rape Shield Motionis not blown!
- Will there be a CARE House, Kids Talk, or other forensic interview in a CSC First Degree case? If the alleged victim is a minor, then a forensic interview is very likely.
- Will I need an expert witness in a CSC First Degree case? It is possible, especially if DNA evidence is involved, or if the alleged victim is a minor and there are indications of an unreliable memory or an unreliable disclosure. In certain cases, an expert witness may be required for your defense.
If someone you know is being accused of Criminal Sexual Conduct First Degree in Michigan, contact Prain Law, PLLC at (248) 731-4543 or use our custom Contact Form.