First Degree Criminal Sexual Conduct Attorneys
There are very few crimes in Michigan more ominous for a criminal defendant to face than 1st degree CSC. Not every criminal lawyer is cut out to be a First Degree Criminal Sexual Conduct Attorney. Facing a charge of this magnitude without the benefit of a seasoned lawyer can be a daunting challenge. If you are being investigated for a sex crime, you need to work closely with the best attorneys you can find. Our firm has tried many cases won many cases, got reduced charges on many cases, and avoided the sex offender registry countless times for our clients. If you have a choice, dont go without the defense you need. Contact the experts at The Kronzek Firm. Your defense begins now.
1st Degree CSC in Michigan
First and third degree CSC are the CSC crimes where sexual penetration (and not just sexual contact) is alleged. Sexual penetration is defined as: sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a persons body or of any object into the genital or anal openings of another persons body, but emission of semen is not required. See Michigan’s penal code 750.520b
Certainly, sexual penetration in and of itself is not illegal. In order for the penetration to rise to the level that would be considered criminal, there must be one or more other factors present. Some examples of those other factors include things like:
- the alleged victim being under 13 years old, the offender being armed with a weapon,
- the offender being related to an alleged minor or incapacitated victim by blood or affinity to the fourth degree,
- the offender using force or coercion and causing personal injury to the alleged victim,
- the offender being employed at the alleged minor victim’s school and using his or her position of power to coerce the alleged victim to submit.
The Penalty for First Degree CSC
First degree criminal sexual conduct is punishable by up to life in prison. If a minor is involved, defendants convicted of this offense may face a mandatory minimum sentence of 25 years and lifetime electronic monitoring. Sometimes, the court may order a conviction of first degree CSC to be served consecutively (back-to-back) to other offenses arising out of the same transaction, rather than concurrently (at the same time). Finally, all offenders convicted of CSC first degree will remain on the Michigan Sex Offender Registry for life, unless they qualify for early removal. As a practical matter, there are three ways to avoid these severe consequences of a conviction:
- Win at trail (either a bench trial or a jury trial).
- Get the charges reduced
- Get the charges dismissed
How Can I Defend Agains a False Allegation?
The good news is that not everybody who has been accused of first degree CSC will end up being convicted of that crime. Aggressive lawyering can lead to the discovery of a weakness in the prosecution’s case. Some examples of this would be inconsistent statements by the accusers, alibi defenses, or technical legal defenses. A good sex crime attorney will look for ways to exploit the weaknesses in the prosecution’s case. An effective CSC litigator will find ways to change the dynamics of the case.
Defending the Child Accusation Case
The vast majority of CSC cases involve an allegation brought forth by a child under 13. The single most common scenario is a step daughter accusing a step father of sexual penetration or some other form of sexual molestation. Defending a case involving a false allegation from a child is a special challenge that requires a special skill set that most criminal defense attorneys dont possess. Courts, prosecutors, juries and police tend to believe that a child would not lie about such a horrific crime. A skilled CSC defense attorney must be prepared to explain why the statements of the child lack credibility.
Often the explanation comes out of the family dynamic. Children are easily influenced and are often used as pawns in the struggle for custody. Sometimes, they actually work to get rid of the new significant other in the mix. Many times, they are manipulated into believing something that is not true. And at time, they are actually victims of someone else but cant get themselves to name the actual perpetrator. Regardless of the reason for the false allegations, it is the job of the trial attorney to find a way to explain it to the jury.
Accused of First Degree Criminal Sexual Conduct: What Now?
Act quickly, delays in getting competent help from a CSC attorney can be costly. Most people immediately think of the legal ramifications of a first-degree criminal sexual conduct accusation, but there is more at stake than that. There is an extreme social stigma attached to even being accused of such a crime. Many are shocked when they first hear of the allegations and think that they can help themselves by talking to Police, CPS investigators and family. This usually does not turn out well and early mistakes can be costly. That being said, there is something you can do. You can hire the best lawyer you can afford. That way you will have the comfort knowing that you are not facing this crisis alone. It is important to have the skilled assistance of an experienced Michigan CSC attorney. At The Kronzek Firm PLC, our attorneys know criminal sexual conduct defense well. We have won jury trials when the deck was stacked against us. We have earned the respect of judges all across Michigan. Let us put our decades of experience to work for you. Call our firm at 866-766-5245 for a free discussion with an attorney, or fill out the form here. We look forward to serving you.