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MICHIGAN CRIMINAL SEXUAL CONDUCT DEFENSE ATTORNEYS - SEX CRIMES DEFENSE LAWYERS

AGGRESSIVE AND PASSIONATE CRIMINAL SEXUAL CONDUCT DEFENSE ATTORNEYS THAT ARE NOT AFRAID TO 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 because the allegations are so 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.
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. Loren Dickstein and Randy Lewis, Criminal Sexual Conduct Defense Lawyers, have successfully defended hundreds of these cases. Many of the 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

  1. Felony
  2. Maximum Sentence - prison term of life or any term of years
  3. Elements:
    1. 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:
      1. victim is under 13 years old,
      2. 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 to the victim,
      3. 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),
      4. weapon involved,
      5. personal injury and force/coercion,
      6. personal injury and victim incapacitated, or
      7. defendant is in the process of committing another felony

2nd Degree Criminal Sexual Conduct - MCL 750.520c

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

3rd Degree Criminal Sexual Conduct - MCL 750.520d

  1. Felony
  2. Maximum Sentence of up to 15 years
  3. Elements: Sexual penetration and any of the following:
    1. victim is 13-15 years old,
    2. force or coercion, or
    3. victim incapacitated,

4th Degree Criminal Sexual Conduct - MCL 750.520e

  1. High Court Misdemeanor (a felony for all intensive purposes)
  2. Maximum Possible Sentence of up to 2 years in prison
  3. Sexual contact and any of the following:
    1. force or coercion,
    2. victim incapacity, or
    3. 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 in addition to the word of the alleged victim. This is not true. Judges instruct juries at the conclusion of criminal sexual conduct trials that, it is not necessary that there be evidence other than the testimony of the complainant, if that testimony proves guilt beyond a reasonable doubt.

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 they 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:
  1. Do not believe anything a police officer says. Remember, police are allowed in Michigan to lie during the course of 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 side of the suspect and do not believe the complainant. Common lies include: if you have nothing to lose, you would talk, if you are innocent, you would take a polygraph, if you did nothing wrong, you would not want to speak to a lawyer, etc...
     
  2. Do not talk to the Police Under Any Circumstances. Be polite and courteous. 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 to 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 with a firm belief that the person is guilty. They will hear what they want to hear which means they will hear things that are inculpatory even then they are not said. During a long interrogation it would be impossible for anyone not to make a mistake as to time, date or some other insignificant fact. Even though such mistake may seem inconsequential, the police and prosecution will claim the error shows dishonesty and the inability to keep a story straight.
     
  3. Do not agree to any type of 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 will have to cooperate with those procedures.
     
  4. 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, just 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 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!
     
  5. 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 talk to you about your situation so that they can try and get favors on their cases in exchange for giving information about you or the case. Not surprisingly, many people will just 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 which took effect in Michigan on July 1, 2011.
A person found guilty of statutory rape of a minor may be exempt from having his or her name registered publicly as a sex offender if the following legal requirements are met:
  1. The alleged victim was between the ages of 13 and 16; and
  2. There was no more than four years of age difference between the partners; and
  3. The sex act was consensual by the minor.

Michigan Criminal Sexual Conduct Defense Attorney

If you are charged with criminal sexual conduct (CSC), assault with intent to commit criminal sexual conduct, or any similar offense or if you are merely being accused of such a crime, call an experienced, dedicated criminal sexual conduct defense attorney with LEWIS & DICKSTEIN, P.L.L.C. right away. We will find a way to help you! Our number is (248) 263-6800 or you can fill out a Request for Assistance Form and an experienced, aggressive criminal sexual conduct defense lawyer will promptly contact you!

We are not afraid to win!

Superb AVVO Rating!