Michigan Criminal Sexual Conduct Charges Dismissed
Prosecutors are notoriously aggressive and zealous in the prosecution of criminal sexual conduct cases. Only the most experienced and credible defense lawyers can maximize the odds of a dismissal.
The Stakes Are High When Representing an Innocent Client
There is no greater pressure on a criminal defense lawyer than representing an innocent client. The weight of having a person’s freedom at stake who is not guilty is massive. Although the criminal justice system in the United States may be the best in the world, history is replete with stories of multitudes of innocent people who are wrongfully convicted. A record-breaking number of people were exonerated in 2015 — freed after serving time in American prisons for crimes they did not commit. One study found that as many as 10,000 people in the United States may be wrongfully convicted of serious crimes each year! A defense attorney’s top priority is getting criminal sexual conduct charges dismissed.
Finally, according to the Innocence Project’s estimates, between 2.3 percent and 5 percent of all U.S. prisoners are actually innocent. Many of those cases involve wrongful convictions at trial. Many of them include defendants who agree to plea bargains for lesser offenses, even though they are innocent, because they do not want to risk a lengthy jail or prison sentence. The American prison population numbers about 2.4 million. Using those numbers, as many as 120,000 innocent people could currently be in prison.
Charges Dismissed for Innocent Client
LEWIS & DICKSTEIN, P.L.L.C. was hired to represent a man charged with two counts of Criminal Sexual Conduct in the Second Degree. The false accusations stemmed from an intense family dispute. The client and his immediate family were adamant that he was innocent. Through months of litigation and investigation, the defense team got the criminal sexual conduct charges dismissed with prejudice. “With prejudice” means that the charges can never be brought back again. The client and his immediate family finally have peace of mind and can sleep again.
What are Michigan’s criminal sexual conduct charges and penalties?
Michigan’s criminal sexual conduct (CSC) charges are categorized into four degrees, each reflecting the severity of the offense and carrying different penalties. These laws are designed to address a wide range of non-consensual sexual activities, taking into account factors such as the victim’s age, the presence of physical force or coercion, and the relationship between the victim and the offender. The statutes are highly complex, and if you have concerns about a particular case, it is best to consult with a qualified defense lawyer familiar with Michigan’s CSC statutes and how to seek dismissal of charges. Here’s a brief overview of each degree and the associated penalties:
First-Degree Criminal Sexual Conduct (CSC 1)
This is the most severe form of CSC and involves sexual penetration under aggravating circumstances, such as when the victim is under 13 years old, the offender uses force or coercion, or when the offender is in a position of authority over the victim. CSC 1 can also apply if the victim is between 13 and 16 years old and certain other conditions apply, such as the perpetrator living in the same household or being related to the victim. The penalty for CSC 1 is up to life imprisonment.
Second-Degree Criminal Sexual Conduct (CSC 2)
CSC 2 involves sexual contact (not penetration) under conditions similar to those that qualify for CSC 1, including the use of force or coercion or when the victim is under 13 years old or between 13 and 16 years old under specific circumstances. The penalty for CSC 2 can include up to 15 years in prison.
Third-Degree Criminal Sexual Conduct (CSC 3)
CSC 3 involves sexual penetration with someone aged 13 to 16 years old, without the other aggravating circumstances required for a charge of CSC 1. Other scenarios for CSC 3 include cases where force or coercion is used or the victim is incapacitated or unable to give consent. The penalty for CSC 3 can include up to 15 years in prison.
Fourth-Degree Criminal Sexual Conduct (CSC 4)
CSC 4 involves sexual contact (not penetration) in situations where force or coercion is used, the victim is between 13 and 16 years old, or other specific conditions apply. CSC 4 is considered a high-court misdemeanor (or a low-level felony in some jurisdictions) in Michigan and can carry a penalty of up to two (2) years in prison.
Additional Considerations
Michigan law also considers aggravating factors in sentencing, which can lead to enhanced penalties beyond the base sentences mentioned above. Additionally, individuals convicted of CSC may be required to register as sex offenders, with the duration and conditions of registration varying based on the degree of the offense and other factors.
Given the complexity of Michigan’s CSC laws and the severe consequences of a conviction, it’s crucial for individuals facing such charges to work with an effective and zealous defense attorney, such as the lawyers with LEWIS & DICKSTEIN, P.L.L.C. An experienced attorney can provide a robust defense, navigate the intricacies of the legal system, and work to achieve the best possible outcome for their client.
How to Choose a Lawyer for CSC Defense
Choosing the right lawyer to defend against Criminal Sexual Conduct (CSC) charges in Michigan is a decision that can have a profound impact on the outcome of your case and your future. The right lawyer can mean the difference between a conviction and getting criminal sexual conduct charges dismissed. CSC allegations are among the most serious and emotionally charged in the criminal justice system, and the attorney you select should have the expertise, experience, and dedication to navigate these complex cases. Here are key considerations to guide you in making this critical choice:
- Specialization and Experience: Look for an attorney specializing in criminal defense, with experience defending CSC cases. Experience in this area is crucial, as CSC defense requires understanding specific legal statutes, gathering and analyzing evidence, and handling sensitive situations tactfully and with discretion. An attorney with a track record of successfully defending CSC cases can offer insights and defense strategies that others may not.
- Knowledge of Local Courts: Choose a lawyer familiar with the court system where your case will be tried. Understanding the nuances of local legal procedures, and knowing the prosecutors and judges, can be advantageous in formulating a defense strategy and navigating the legal process more efficiently.
- Reputation and Client Reviews: Research the attorney’s reputation within the legal community and look for client testimonials. Positive feedback from previous clients, especially those who have faced similar charges, can provide valuable insights into the attorney’s effectiveness, empathy, and commitment to their clients’ defense.
- Communication Skills: Effective communication is essential. Your lawyer should be able to explain complex legal concepts in understandable terms and keep you informed throughout the process. During your initial consultation, assess whether the attorney listens to your concerns, answers your questions clearly, and seems genuinely invested in helping you.
- Defense Strategy: An adept CSC defense attorney will be able to outline a preliminary defense strategy from the outset. While details will evolve as the case progresses, they should be able to explain how they plan to challenge the prosecution’s evidence, protect your rights, and work towards the best possible outcome.
- Professionalism and Accessibility: The right attorney is professional, ethical, and accessible. You should feel comfortable reaching out to your lawyer with concerns or questions, and they should respond promptly. The level of attention and support you receive is indicative of how your case will be handled.
- Consultation: Finally, take advantage of consultations offered by law firms. These meetings are an opportunity to assess whether the attorney is a good fit for you and your case. Prepare questions in advance, and don’t hesitate to discuss your case’s specifics and how the attorney plans to approach your defense.
At LEWIS & DICKSTEIN, P.L.L.C., our team embodies these qualities, bringing a combination of experience, specialized knowledge, and a compassionate approach to each CSC case we undertake. We understand the stakes and are committed to providing our clients with the robust defense they deserve. Choosing the right defense attorney is your first step toward navigating the challenges ahead, and we’re here to stand with you every step of the way.
Attorneys Who Will Tirelessly and Zealously Fight to Get Charges Dismissed
The defense team with LEWIS & DICKSTEIN, P.L.L.C. has an unparalleled track record of successfully defending clients facing criminal sexual conduct charges and obtaining extraordinary results, including dismissals and acquittals. We will take the time to learn about you and your case. Our clients are treated with dignity and respect, and we strictly maintain confidentiality. Regardless of whether you are innocent or made a terrible mistake, we will find a way to help you!
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
