Detroit Sex Crimes Defense Attorney

Third Degree Criminal Sexual Conduct (CSC 3)

CSC 3 under MCL 750.520d always involves an act of sexual penetration and includes, but isn’t limited to, what is commonly referred to as common-law rape. A conviction carries up to 15 years in state prison and results in Tier 3 SORA registration, meaning lifetime public registration with quarterly reporting.

• The Law: MCL 750.520d
• Penalty: 15 years in State Prison
• Sex Offender Registration: Lifetime public registration, quarterly reporting (Tier 3)

Fourth Degree Criminal Sexual Conduct (CSC 4)

Fourth Degree Criminal Sexual Conduct in Michigan is classified as a high-court misdemeanor, which means it carries the label of a misdemeanor but is punished as a felony. Every CSC 4 case involves some form of sexual contact. A conviction under MCL 750.520e carries up to 2 years in state prison and a fine of up to $500. SORA registration tier and duration depend on the age of the complainant, ranging from Tier 1 to Tier 3.

• The Law: MCL 750.520e
• Penalty: 2 years in State Prison and/or $500.00 fine
• Sex Offender Registration: Lifetime, 25 or 15 years public registration (depending on age of Complainant), quarterly, semi-annual, or annual reporting (Tier 1, Tier 2, or Tier 3, depending)

Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration

A conviction for Assault With Intent to Commit Sexual Penetration under MCL 750.520g is a felony offense carrying up to 10 years in state prison, or more if you have a prior felony conviction. It also results in Tier 3 SORA registration, meaning lifetime public registration with quarterly reporting.

• The Law: MCL 750.520g
• Penalty: 10 years in State Prison
• Sex Offender Registration: Lifetime public registration, quarterly reporting (Tier 3)

Assault With Intent to Commit Criminal Sexual Conduct in the Second Degree

• The Law: MCL 750.520g
• Penalty: 5 years in State Prison
• Sex Offender Registration: Lifetime, 25 or 15 years public registration (depending on age of Complainant), quarterly, semi-annual, or annual reporting (Tier 1, Tier 2, or Tier 3, depending)

Accosting, Enticing or Soliciting a Child for Immoral Purposes (Accosting a Minor for Immoral Purposes)

A conviction for accosting, enticing, or soliciting a child for immoral purposes under MCL 750.145a is a felony. It carries up to 4 years in state prison and a fine of up to $4,000, along with Tier 2 SORA registration requiring 25 years of public registration with semiannual reporting.

• The Law: MCL 750.145a
• Penalty: 4 years in State Prison and/or $4,000.00 fine
• Sex Offender Registration: 25 years public registration, semi-annual reporting (Tier 2)

Gross Indecency

Gross Indecency under Michigan law involves committing certain sexual acts in a public place. A conviction can result in up to 5 years in state prison and a fine of up to $2,500. For individuals designated as sexually delinquent persons, the sentence can range from a minimum of one day to a maximum of life in state prison. SORA registration is Tier 2 or Tier 3 depending on the ages of the complainant and accused.

• The Law: MCL 750.338 (Gross Indecency Between Males); MCL 750.338a (Gross Indecency Between Females); MCL 750.338b (Gross Indecency Between Male and Female Persons)
• Penalty: 5 years in State Prison and/or $2,500 fine; minimum 1 day Jail and maximum Life in State Prison for “sexually delinquent persons”
• Sex Offender Registration: Lifetime or 25 years public registration (depending on age of Complainant and accused), quarterly or semi-annual reporting (Tier 2 or Tier 3, depending)

Indecent Exposure & Aggravated Indecent Exposure

Indecent Exposure under MCL 750.335a carries up to 1 year in jail and a fine of up to $1,000. Aggravated Indecent Exposure carries up to 2 years in prison and a fine of up to $2,000. Depending on the circumstances, a conviction may also require Tier 1 SORA registration for up to 15 years.

• The Law: MCL 750.335a
• Penalty: 1 year in Jail and/or a $1,000 fine (Indecent Exposure); 2 years in Prison and/or a $2,000 fine (Aggravated Indecent Exposure)
• Sex Offender Registration: Possible 15 years public registration (Tier 1)

How a Michigan CSC Case Moves Through the Courts

A CSC investigation begins when someone reports a sex crime. The alleged victim may speak to the police directly, a doctor or therapist may be legally required to report as a mandated reporter, or a concerned third party may speak up on their behalf.

After receiving a report, police investigate and collect evidence, including DNA, a Rape Kit, and witness statements. Law enforcement may also ask to interview you. You should never speak to the authorities without an attorney present. Anything said in an informal interview, even before charges are filed, can be used to build the case against you.

If prosecutors believe they have sufficient evidence, they will request a warrant for your arrest and file formal charges. If a defense attorney is retained before charges are filed, it may be possible to intervene with the prosecutor and work to prevent charges from being filed at all. Early engagement is critical.

Once charged, you will appear in district court for an arraignment, where charges are read and bail (bond) is set. After arraignment, you and your attorney attend a probable cause conference where the case is discussed with the judge.

The next step is the preliminary examination, which functions as a mini-trial before the trial itself. The prosecution must present enough evidence to establish probable cause, and the accuser must testify under oath. If opposing counsel can’t establish probable cause, charges may be reduced or dropped before the case reaches a jury.

If the case proceeds, you will complete an arraignment on the information in Circuit Court and enter a formal plea. Attorneys then exchange information during discovery and file specialized documents, including Rape Shield Act notices under MCL 750.520j, that are specific to CSC proceedings.

Before trial, you will attend pretrial conferences where plea offers and case resolution options are discussed. Motion hearings allow both sides to argue for the admission or suppression of specific evidence, and those outcomes often shape how the case unfolds at trial.

After all evidence and offers are finalized, a final settlement conference gives you the opportunity to decide whether to accept a plea deal or proceed to trial. If you go to trial, a jury issues a verdict. If you accept a plea or receive a guilty verdict, the final step is sentencing.

At Prain Law, PLLC, we advise you on your options and fight for the best results at every stage of this process.

Why CSC Defense Requires a Focused Attorney

Michigan’s CSC statutes create a legal environment that is harder to navigate than almost any other felony category. Prosecutors assigned to these cases are typically specialists in the Special Victims Unit, trained in the unique evidentiary rules, mandatory filings, and trial dynamics that define CSC proceedings. They aren’t generalists. The defense can’t afford to be either.

Michigan doesn’t require independent corroboration of the accuser’s testimony. A jury may convict on the complainant’s word alone if they find it credible beyond a reasonable doubt. That shifts the entire weight of the defense toward cross-examination, credibility analysis, and strategic use of the available evidence. The Rape Shield Law (MCL 750.520j) limits what prior sexual history may be introduced at trial, but Michigan courts have recognized that prior false allegations fall outside the statute’s scope entirely, and constitutional grounds may support the admission of evidence showing a demonstrable bias or motive to fabricate. Identifying and properly presenting those arguments requires specific knowledge of how Michigan courts have applied the statute.

Defense strategies in CSC cases draw on a distinct toolkit: challenging the DNA collection process and chain of custody, identifying prior inconsistent statements, establishing motive to fabricate, and, where applicable, demonstrating the absence of force or coercion. Each approach requires familiarity with how CSC cases are built and how Michigan courts evaluate this type of evidence. A sex crime defense attorney in Michigan who handles these cases regularly sees those angles from the beginning, not after months of learning the terrain.

We defend clients from the pre-charge investigation stage through trial. If you’ve been contacted by police but haven’t yet been charged, that is the most important time to call.

Why Brian J. Prain Defends Michigan Sex Crime Cases Differently

Prain Law, PLLC spends 100% of its efforts defending the criminally accused. There are no other practice areas, no personal injury files, no family law matters. Every case in this office is a criminal defense case, and a substantial portion of that work involves criminal sexual conduct charges across all four degrees.

Brian J. Prain has obtained not guilty verdicts in first-degree CSC cases and other serious CSC matters. Those results were reached through preparation, familiarity with how CSC cases are tried in Michigan, and a willingness to take cases to verdict when the facts support it. He has been selected to Super Lawyers every year since 2013, a recognition based on peer nominations and independent research, and holds an Avvo rating of 10.0.

We prepare clients for trial from the first meeting. That doesn’t mean every case goes to trial. It means our negotiating position, our motion practice, and our client preparation all reflect the same level of readiness regardless of how the case resolves. Whether you’re under investigation, recently charged, or approaching trial, contacting a Michigan sex crime defense lawyer at this firm gives you a defense built around the specific demands of CSC cases in Michigan courts.

Consultations are free, confidential, and carry no obligation.

Frequently Asked Questions

If you’ve been charged with criminal sexual conduct, you likely have a lot of questions. Read our FAQ below, and if you still have questions, call us at (248) 731-4543.

How Common Are Criminal Sexual Conduct Charges in Michigan?

According to Michigan State Police data from 2015, more than 6,000 victims reported various degrees of criminal sexual conduct to Michigan law enforcement agencies that year. That historical figure reflects how frequently these charges arise in Michigan, even setting aside cases that were reported but didn’t result in arrest. If you’re facing a charge today, the relevant question isn’t frequency but strategy. Get an attorney involved immediately.

Do Prosecutors Use DNA Evidence in Criminal Sexual Conduct Cases?

Yes, and not only in penetration cases involving a rape kit. Prosecutors can introduce DNA collected from clothing, bedding, and other materials in cases based solely on alleged sexual touching. If DNA evidence is part of the case against you, your defense needs to address chain of custody, collection procedures, and the limitations of what the evidence actually proves.

How Will My Lawyer Defend Me from Criminal Sexual Conduct Charges?

Defense approaches depend on the specific facts of your case. Your attorney may deny the allegations outright, challenge the credibility of the accuser through prior inconsistent statements or demonstrable motive to fabricate, show the absence of force or coercion, or contest the physical evidence. Some alleged “victims” also fabricate or misrepresent what occurred. The goal is to present the truth to the judge or jury through every available avenue.

How Will the Michigan Rape Shield Law Affect My Case?

The Michigan Rape Shield Law (MCL 750.520j) restricts the introduction of an alleged victim’s sexual history in CSC proceedings. Michigan courts have recognized that prior false allegations fall outside the statute’s scope entirely, and constitutional grounds may support the admission of evidence showing a demonstrable bias or motive to fabricate. Whether and how those arguments apply depends on the facts of your case. Raise this issue with your attorney early so the appropriate notices can be filed on time.

Should I Take a Polygraph Test?

No. Polygraph results are inadmissible in Michigan criminal trials, which means a favorable result can’t help you in court. The test can, however, create risks. Law enforcement sometimes uses polygraph interviews to get your guard down and gather statements that become incriminating evidence. The downside risk substantially outweighs any potential benefit. We advise our clients not to take polygraph tests and to focus on building a courtroom-approved defense instead. Read our blog for more detail. Prain Law, PLLC prepares clients for trial from day one.

How Do Bail & Bonds Work in Criminal Sexual Conduct Cases?

Bail and bond terms in CSC cases are highly case- and defendant-specific. Outcomes range from personal recognizance bonds requiring no cash payment to significant cash bail depending on the nature of the charges, the defendant’s background, and the assigned judge. You need a sex crime lawyer in Michigan who is familiar with local courts and the legal professionals involved. Talk to us about your bond situation when you call.