Criminal Sexual Conduct in Michigan - Another Win for CSC Attorney Brian J. Prain

Criminal Sexual Conduct charges in Michigan are some of the most serious criminal charges any person can face. At Prain Law, PLLC, we specifically concentrate on defending those accused of Criminal Sexual Conduct (CSC) and other Michigan Sex Crimes. At Prain Law, PLLC we are a Trial law firm, meaning that our victories for our clients in Criminal Sexual Conduct cases come in the form of NOT GUILTY verdicts delivered by Juries after lengthy Jury Trials in Michigan Courts all across the State.

RELATED: Click here to read about one of Detroit Criminal Sexual Conduct Lawyer Brian J. Prain's recent verdicts of NOT GUILTY of Criminal Sexual Conduct.

But every once in a while, being a top-notch Detroit Michigan Criminal Sexual Conduct Attorney protecting our client's rights in CSC cases means taking action not just in the Trial Courts, like the District Courts and Circuit Courts in Michigan, but in higher Courts like the Michigan Court of Appeals and the Michigan Supreme Court. We do not take on old cases for the purpose of modifying a sentence or probation, appealing, or getting people off the Michigan Sex Offender Registry (SORA) because or job is to prevent those things from ever happening in the first place. However, on the pathway to trial, sometimes an "interlocutory," or pre-trial appeal is necessary to give our client the opportunity to be found NOT GUILTY at their upcoming CSC trial.

This was the basis of one of the recent Criminal Sexual Conduct victories for Prain Law, PLLC, where our firm had a chance to help our client and, at the same time, play a role in actually defining important parts of the Michigan Criminal Sexual Conduct laws.

RELATED: Click here to read about ANOTHER one of Detroit Criminal Sexual Conduct Lawyer Brian J. Prain's recent verdicts of NOT GUILTY of CSC charges.

You can read this Michigan Criminal Sexual Conduct Court of Appeals Opinion in this case, People of the State of Michigan v. Daniel Ray Bean, COA No. 342953 and 343007, February 14, 2019, by clicking here. However, it may be a difficult read unless you are versed in the law. So we will explain here in simple terms what this CSC issue is about. The case is still being litigated and ultimately has not gone to Trial yet, but here is an explanation of what this case is about:

There are many Michigan Sex Crimes, but our basic Criminal Sexual Conduct laws are broken down into four Degrees of Criminal Sexual Conduct in Michigan: First Degree Criminal Sexual Conduct, MCL 750.520b; Second Degree Criminal Sexual Conduct, MCL 750.520c; Third Degree Criminal Sexual Conduct, MCL 750.520d; and Fourth Degree Criminal Sexual Conduct, MCL 750.520e. Aside from the possible penalties, one thing that separates each of the Degrees of CSC are certain factors that make different allegations of unlawful sexual contact or sexual penetration either more or less serious. These factors are called "multiple variables." One of the Michigan Criminal Sexual Conduct multiple variables is where sexual contact or penetration allegedly occurs on a person who is under 13 by another who is "related by blood or affinity to the fourth degree." Another is where sexual contact or penetration allegedly occurs on a person "under circumstances involving the commission of any other felony."

RELATED: Click here to visit Prain Law, PLLC's Criminal Sexual Conduct Main Page.

In this case, Brian's client is charged with First Degree Criminal Sexual Conduct, and the case was (and still is) headed for Trial. The Prosecution's basis for charging with First Degree CSC (CSC 1) rather than Third Degree CSC (CSC 3) was that the accused was related to the accuser by "affinity," although there was no blood relationship. Brian argued that this was wrong. Alternatively, the Prosecution also believed they could charge with CSC 1 rather than CSC 3 on the grounds that the alleged act (and this is nothing more than an allegation that we contend is absolutely FALSE) also constituted "Child Abuse," and since Child Abuse is a felony, then the alleged CSC was therefore allegedly committed "under circumstances involving the commission of any other felony." Brian argued this was completely absurd, since our law clearly was intended to mean something other than the alleged Criminal Sexual Conduct itself.

Rather than going forward to Trial on these increased CSC charges (CSC 1 is a LIFE offense while CSC 3 is a 15 year felony) and therefore subjecting our client to increased risk and only leaving the client to file an appeal only after Trial if they were convicted like many lawyers regularly do without even saying anything to their client (while they wait for years in Prison), the issue was raised in the Michigan Court of Appeals before Trial, obviously the better step for everyone involved if the Court will allow for it.

In the end, The Michigan Court of Appeals agreed with Brian's position on both the "related by blood or affinity" issue AND the "under circumstances involving the commission of any other felony" issue. However, there is still some chance further appellate proceedings could take place in the Michigan Supreme Court if the Prosecution is able to successfully get their foot in the door. Therefore, the issue may still have to be argued again before Trial can occur.

If you or someone you know is facing Michigan Criminal Sexual Conduct charges anywhere in the State, contact Detroit CSC Defense Attorney Brian J. Prain of Prain Law, PLLC and put a proven winner in your corner. Want to know what our clients have to say about us and our Trial work, Google "Prain Law, PLLC" or "CSC Attorney Brian J. Prain" and read our Google reviews. Don't go any further down the wrong path! Contact Prain Law, PLLC, your Michigan CSC Defense Attorney at (248) 731-4543 or via e-mail using our Contact Form.
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