Criminal Sexual Conduct (CSC) charges are nothing to fool around with. The simple fact of the matter is that many people in Michigan have physically harmed others, stolen from others, used or sold drugs, committed other crimes, and never see a single day behind bars. But Michigan Criminal Sexual Conduct charges are different - if you are convicted of a Sex Crime in Michigan, Jail time and hard Prison time are an unfortunate reality in many cases.
Under Michigan law, the basic Criminal Sexual Conduct charges are broken-down into four "Degrees":
- First Degree Criminal Sexual Conduct, MCL 750.520b, which involves "sexual penetration" and is punishable by up to LIFE
- Second Degree Criminal Sexual Conduct, MCL 750.520c, which involves "sexual contact" and is punishable by up to 15 years
- Third Degree Criminal Sexual Conduct, MCL 750.520d, which involves "sexual penetration" and is punishable by up to 15 years
- Fourth Degree Criminal Sexual Conduct, MCL 750.520e, which involves "sexual contact" and is punishable by up to 2 years
RELATED: click to learn about the Michigan Degrees of CSC and multiple variables.
There are also other types of Sex Crimes outside of the four Degrees of CSC:
- Assault With Intent to Commit Criminal Sexual Conduct Involving Sexual Penetration, punishable by up to 10 years
- Assault With Intent to Commit Criminal Sexual Conduct in the Second Degree, punishable by up to 5 years
- Gross Indecency, punishable by up to 5 years
- Accosting, Enticing, or Soliciting a Child for Immoral Purposes, punishable by up to 4 years (think of the TV show To Catch a Predator with Chris Hansen)
- Child Sexually Abusive Material, punishable by up to 20 years
- Indecent Exposure and Aggravated Indecent Exposure, punishable by up to either 1 or 2 years
As a Metro Detroit Criminal Sexual Conduct and Sex Crimes Defense Attorney, Brian J. Prain defends those accused of these serious charges. Most people accused of CSC learn that they are being investigated well before they are formally charged, usually because of a call from a Detective investigating the case, or from a third-party familiar with both the accuser and the accused. From the very moment you learn you are being investigated for any type of sexual assault, every little decision you make, including what to say and do, what not to say and do, and where to turn for help could mean the difference between freedom and Prison.
If you have reason to believe you are being investigated for Criminal Sexual Conduct, following these 4 tips could save your good name, your future, and your life:
- Don't discuss the matter with ANYONE. We often hear, "Don't speak to the Police. It can only hurt you, and can never help you." That is generally true and someone accused of CSC should not speak to Police or even return a Detective or Officer's call. But let's extend this even further in a Criminal Sexual Conduct matter - don't talk to anyone. Don't say a word about the allegations to a spouse, a parent, a child, a friend, a boss - anyone. Keep your mouth completely shut. Any person besides a trained CSC Defense Attorney that the accused chooses to speak to can be called as a witness in Court and forced (even against their will) to testify to things the accused supposedly said. The risk here is that even when someone is innocent, words can be misconstrued and twisted. Many people sitting in Prison for CSC are there because of their own words. We recommend that a person accused of CSC not take a Polygraph without speaking to a CSC Lawyer, and probably should not go to the Police Station for any reason, let Police in their home without a Warrant, or allow them to search your car, your home, your phone, your body, take DNA evidence - anything, without a Warrant. Even when innocent, this is absolutely essential to having the best defense. Click here for a more detailed answer to the question "Should I talk to Police if I'm accused of CSC?"
- Don't fall into the trap of a "pretext" call or text message conversation. This is a relatively new device in the Police trick bag, and here's how it works: the accused gets a call or text message from the phone number of the person accusing them of a Sex Crime, asking them to "apologize" for "what [they] did" or asking something about "why [they] did that to me." Feeling guilted and confused, the accused replies like a normal, concerned person. But unbeknownst to them, it's actually a Police Officer either directing the interaction or sending the actual messages themselves. In-fact, this could occur even before the accused is formally made aware that they are being investigated. The best bet is to not even respond to anything that could possibly be a trick such as this. These conversations are never straightforward, and anything the accused says could be twisted and misconstrued.
- Learn this simple phrase "Respectfully, Officer/Detective/Sir/Ma'am, I'm going to decline to make any statements or answer any questions without an attorney present." If this phrase is hard to remember, just remember the three key words: questions; statements; attorney. Aside from being polite and sharing basic biographical and identity information, that this is the only phrase that one should ever allowed to say to anyone in law enforcement when it's possible they are being accused of Criminal Sexual Conduct. No matter what they say or threaten the accused with, it is best to just calmly and respectfully repeated that sentence.
- Start a conversation with a knowledgeable Sex Crimes Defense Attorney. You can read articles online all day, but the quickest way from point A to point B is simply to pick-up the phone and make the call. That way, you'll begin to get specific advice for your exact situation.
At PrainLaw, PLLC, we have a special program specifically tailored for offering legal advice and taking action for those who are being investigated for Criminal Sexual Conduct, but have not been formally charged with anything. Our goal is of course to avoid you ever being charged with CSC in the first place, and we have been very successful in preventing our clients from being charged.
Although no lawyer can ever have absolute control over the government's decision to charge or not, if you are charged, we credit 100% of the cost of this pre-charge representation toward the cost of in-Court representation if you are charged. This way, you simply can't lose. We believe it is the best strategy to protect your rights and reduce your exposure. You get expert advice at your fingertips every step of the way, and where communication with law enforcement may be necessary, we communicate on your behalf so you're never at risk.