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Charged With Sexual Assault in Michigan?

charged with sexual assault

Robert Elmen Defends People Accused of Criminal Sexual Assault

Allegations of criminal sexual assault or criminal sexual conduct can be particularly emotional. A conviction carries serious penalties, as well as a stigma that can be devastating to your relationships with family, friends, and co-workers, and to your reputation in the community.

If you were charged with criminal sexual conduct in Michigan, you need an experienced and tenacious lawyer who will fight to protect your rights, challenge the credibility of your accuser, and defend you in both a court of law and the court of public opinion.

Michigan criminal defense attorney Robert Elmen will do everything he can to help you beat the charges of criminal sexual conduct and minimize the consequences of a conviction.

First-Degree Criminal Sexual Conduct

First-degree criminal sexual conduct is the most serious kind of criminal sexual offense a person can face. First-degree criminal sexual conduct is more commonly known as rape or sexual assault and encompasses sex crimes like child rape, child molestation, and sexual assault involving someone with a physical or mental disability.

A person can be charged with first-degree CSC for sexual penetration if:

  • The other person is under age 13
  • The other person is aged 13 to 16 and is a member of your household, related to you to the fourth degree, a person over whom you hold a position of authority, or you are a teacher, substitute teacher, or administrator in a school in which the victim is enrolled
  • Sexual penetration occurred while committing another felony
  • You are helped by one or more other people and you know that the victim is either mentally or physically incapacitated, or you use force to rape the other person
  • You are armed with a weapon or something the other person believes is a weapon
  • You cause personal injury to someone during sexual penetration while using force to accomplish sexual penetration
  • You cause personal injury to someone during sexual penetration when you know the other person is physically or mentally incompetent

A conviction for first-degree CSC carries serious consequences, including:

  • Up to life in prison
  • Fines and court costs
  • Lifetime monitoring
  • A permanent criminal record as a sex offender
  • Denial of applications for jobs and housing
  • Restrictions on where you can live
  • Loss of custody of your children
  • Loss or denial of a professional license, such as a license to work as a doctor, lawyer, teacher, pharmacist, or other licensed professional
  • Denial or revocation of an immigration visa or green card, denial of a citizenship application, or deportation

Penalties for a conviction for first-degree CSC are severe. If you were 17 at the time of the offense, and the victim was under 13, you face a mandatory minimum sentence of 25 years in prison. If you were over 18, and the victim was under 13, you face a mandatory sentence of life without parole.

If you serve a sentence that is less than a life sentence, you face mandatory electronic monitoring for the rest of your life.

Second-Degree Criminal Sexual Conduct

Second-degree criminal sexual conduct is a sex crime that involves unwanted sexual contact, often with a minor or someone with a physical or mental disability or someone over whom you have power to coerce sexual activity.

A person can be charged with second-degree CSC for having sexual contact with:

  • A person under 13
  • A person aged 13 to 16 who is a member of your household, related to you to the fourth degree, someone over whom you hold a position of authority, or a student in a school district where you work as a teacher, substitute teacher administrator, employee, contractor, or volunteer
  • A resident or foster child in a facility, foster home, or group home where you are an employee, contractor, or volunteer
  • A person during the commission of another felony
  • A person when you are armed with a weapon or something the other person believes is a weapon
  • A person with a mental or physical disability who is a relative to the fourth degree or over whom you have a position of authority and you used that authority to coerce sexual contact
  • A person who is under the jurisdiction of the Department of Corrections when you are an employee, contractor, or volunteer
  • A county prisoner or probationer and you are a county employee, contractor, or volunteer

Penalties for a conviction for second-degree CSC include up to 15 years in prison and, if you were at least 17 and the victim was under age 13, electronic monitoring for the rest of your life.

Third-Degree Criminal Sexual Conduct

Third-degree criminal sexual conduct involves sexual activity with a minor who is over the age of 13 and people with physical or mental disabilities. Third-degree CSC is also known as statutory rape and involves the following conduct:

  • Sexual penetration of a person aged 13 to 16
  • Sexual penetration using force or coercion
  • Sexual penetration of someone you know has a physical or mental disability
  • Sexual penetration of someone related to you to the third degree
  • Sexual penetration of a student aged 16 to 18 when you were a teacher, substitute teacher, or administrator for the school or school district, or you were an employee, contractor, or volunteer for the school or school district and you used your position of authority to obtain sex or establish a sexual relationship with the student
  • Sexual penetration of a special education student aged 16 to 26 when you were a teacher, substitute teacher, or administrator, employee, contractor, or volunteer and used your position to obtain sex or establish a relationship with the student
  • Sexual penetration of a person at least 16 years old who is in foster care or a foster family group home, and you were an employee, contractor, volunteer, or person licensed to operate the foster family home or group home in which the person was a resident

Penalties for third-degree CSC include up to 15 years in prison. A judge has discretion when sentencing someone convicted of third-degree CSC to decide on a “reasonable” sentence.

Fourth-Degree Criminal Sexual Conduct

Fourth-degree criminal sexual conduct is a misdemeanor that involves unwanted sexual touching. The crime often involves touching a minor, someone with physical or mental disabilities, or a close relative for sexual purposes, or using a relationship such as student-teacher or health-provider-patient for sexual purposes.

Fourth-degree CSC involves conduct such as:

  • Engaging in sexual conduct with someone aged 13 to 16 when you were at least 5 years older than the other person
  • Using force or coercion to have sexual conduct with another person
  • Engaging in sexual conduct with someone you know to be physically or mentally disabled
  • Engaging in sexual conduct with someone related to you to the third degree
  • Engaging in sexual conduct with a client or patient if you are a mental health professional and less than 2 years has passed since you were treating the victim
  • Engaging in sexual conduct with a student aged 16 to 18 when you were a teacher, substitute teacher, or school administrator and you used your position to establish the relationship with the student
  • Engaging in sexual conduct with a special needs student aged 16 to 26 when you were a teacher, substitute teacher, school administrator, school district employee, or contractor
  • Engaging in sexual contact with a special needs student aged 16 to 26 when you were a volunteer or government service provider and used your position to establish a relationship with the student
  • Engaging in sexual contact with a resident of a foster family home or group home who was at least 16, and you were the employee, service provider, or volunteer in the home or facility while the person was a resident

A conviction for a fourth-degree CSC carries penalties including:

  • Up to 2 years in prison
  • Fines of up to $500
  • A permanent criminal record as a sex offender
  • Restrictions on where you can live because of your status as a sex offender
  • Registration as a sex offender and having your name, address, photo, and a description of your offenses available to the public
  • Possible denial of an application for a license to work as a teacher, doctor, lawyer, nurse, pharmacist, or other licensed professional

I Will Defend You Against Charges of Criminal Sexual Conduct in Michigan

Charges of criminal sexual conduct and sexual assault are serious, and the consequences can be severe. In fact, the mere allegation of sexual assault can carry a stigma, which is why I work hard to defend my clients against charges of criminal sexual conduct in Michigan.

However, allegations of criminal sexual conduct and sexual assault often come down to the word of the accuser. To successfully defend you against allegations of criminal sexual conduct, I will often challenge the credibility of the other person. For example, I will gather evidence about the accuser, such as whether:

  • The accuser has ever accused anyone else of criminal sexual conduct
  • The accuser has a motive to fabricate testimony
  • Law enforcement suggested certain answers
  • Evidence was handled improperly
  • Police made mistakes in the investigation

To effectively defend you against charges of criminal sexual conduct, you need an experienced and aggressive criminal defense attorney on your side who will challenge the allegations against you, fight to protect your rights, and defend you—not just in a court of law, but in the court of public opinion.

My name is Robert Elmen, Ann Arbor criminal defense attorney, and I will fight hard to protect your rights, your freedom, and your reputation.

Learn why clients choose to work with me, get answers to Frequently Asked Questions, and contact me at Elmen Legal today to schedule a confidential consultation to discuss your case.

Robert Elmen's Profile Image
Admitted to practice law in 2014, Ann Arbor criminal defense attorney Robert Elmen defends people accused of crimes such as assault and battery, domestic violence, sex crimes, drug crimes, and drunk driving / OWI / DUI. His caring approach towards his clients sets him apart from other lawyers as he recognizes that people come to him during their darkest hours, looking for help, and for hope. Robert is a student of Brazilian Jiu-Jitsu, and draws on his martial arts training to help himself and his clients remain calm in the face of what may seem like insurmountable odds.

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