Dedicated to Defending Assaultive Crimes Countless Cases Won Based on Our Refusal to Lose

First Degree Criminal Sexual Conduct

undefined

Ensuring Your Best Interests Are Protected

First Degree Criminal Sexual Conduct charges can be accompanied by severe punishment which lasts the duration of your life. If you or someone you know has been accused of First Degree Criminal Sexual Conduct (CSC) or Sexual Assault in the First Degree in Michigan, you must act immediately and secure aggressive criminal defense to provide you the service and protection you need.

What is the Michigan Criminal Sexual Conduct 1st Degree Law?

Michigan Criminal Sexual Conduct 1st Degree charges are about as serious as it gets in the world of criminal charges, and they include more than what we think of as “Rape.” If you are convicted of CSC 1 in Michigan, you WILL go to Prison, perhaps for LIFE. Even if you don’t spend LIFE in Prison, you may be required to publicly register as a sex offender on the Michigan Sex Offender Registry for LIFE and possibly have lifetime electronic monitoring with a tether.

If you are accused of Criminal Sexual Conduct 1st Degree in Michigan, DO NOT SPEAK WITH THE POLICE! Contact a Michigan Criminal Sexual Conduct Defense Attorney immediately. In our experience, in cases with no physical evidence (this describes many CSC cases), nothing can hurt you more than your own words. Police investigators are highly trained at getting you to confess or incriminate yourself. In Michigan, if you tell a cop nine things that prove your innocence, but one thing that either places you at the scene or can be twisted around to make you sound guilty of First Degree Criminal Sexual Conduct, only that one thing will be allowed in Court. The rules and the system are designed to convict you, not get to the truth.

What is the Definition of Criminal Sexual Conduct 1st Degree (CSC First Degree) in Michigan?

According to the Michigan Penal Code 750.520b, you are subject to a First Degree Criminal Sexual Conduct conviction if you engage in sexual penetration with another person, accompanied by any of the following circumstances:

  1. A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:
    1. That other person is under 13 years of age.
    2. That other person is at least 13 but less than 16 years of age and any of the following:
      1. The actor is a member of the same household as the victim.
      2. The actor is related to the victim by blood or affinity to the fourth degree.
      3. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
      4. The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.
      5. The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
      6. The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident, and the sexual penetration occurs during the period of that other person’s residency. As used in this subparagraph, “child care organization”, “foster family home”, and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.
    3. Sexual penetration occurs under circumstances involving the commission of any other felony.
    4. The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:
      1. The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
      2. The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in subdivision (f).
    5. The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.
    6. The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances:
      1. When the actor overcomes the victim through the actual application of physical force or physical violence.
      2. When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.
      3. When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.
      4. When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.
      5. When the actor, through concealment or by the element of surprise, is able to overcome the victim.
    7. The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
    8. That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:
      1. The actor is related to the victim by blood or affinity to the fourth degree.
      2. The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.
  2. Criminal sexual conduct in the first degree is a felony punishable as follows:
    1. Except as provided in subdivisions (b) and (c), by imprisonment for LIFE OR ANY TERM OF YEARS.
    2. For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age by imprisonment for life or any term of years, but not less than 25 years.
    3. For a violation that is committed by an individual 18 years of age or older against an individual less than 13 years of age, by imprisonment for life without the possibility of parole if the person was previously convicted of a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age or a violation of law of the United States, another state or political subdivision substantially corresponding to a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age.
    4. In addition to any other penalty imposed under subdivision (a) or (b), the court shall sentence the defendant to lifetime electronic monitoring under section 520n.
  3. The court may order a term of imprisonment imposed under this section to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction."

If you have been accused of sexual penetration accompanied with any of these conditions you may be subject to life imprisonment. There is nothing to be taken lightly when you are talking about the rest of your life. Act immediately and secure a top Criminal Sexual Conduct Attorney in Michigan.

To best avoid spending the rest of your life in prison for First Degree Criminal Sexual Conduct, you need the qualified defense guaranteed at the Prain Law, PLLC. If you fail to secure adequate legal representation, imperative details of your case may go overlooked. We will ensure you receive the best possible outcome in your Criminal Sexual Conduct case. Charges of First Degree Criminal Sexual Conduct pose a tremendous risk to your well-being and freedom, and these accusations need to be addressed by Criminal Sexual Conduct defense experts.

If you or a loved is charged with First Degree Criminal Sexual Conduct in Michigan, act immediately and assure your best criminal defense. Call Prain Law, PLLC, your Michigan First Degree Criminal Sexual Conduct Attorney at (248) 731-4543. You’ll get an absolutely free face-to-face consultation. Why not call or e-mail us right now?

Hear from Our Clients

  • “I knew right away this was my best chance to get the best possible result out of my horrible situation.”

    James P.

  • “Brian went out of his way to review each one of my questions and did everything he legally could to help me.”

    Dawn

  • “His knowledge was enlightening as he explained our options.”

    Hillary

  • “Simply put, Brian is savvy lawyer and a forthright, amazing person.”

    Laura

  • “He managed to bring my case from a negative to a positive by digging deep to find justice!”

    Cody

  • “He was very accessible and always returned my call within 24 hours unless it was an absolute emergency, then he called back almost right away.”

    Former Client

  • “I could listen to Brian for hours he knew my rights and exercised them to the MAX.”

    James

  • “Excellent young Lawyer. Very hard worker.”

    Gary

  • “He is reasonably priced and always on top of everything, and if he doesn't know something, he finds ALL of it out! I”

    Former Client

  • “Brian is an honest and hardworking attorney who does not only care about the money.”

    Matt

  • “I highly recommend Brian Prain.”

    Robert

  • “Brian is simply the most dedicated lawyer one can find.”

    Steve C.

  • “If you're looking for the best Criminal Law Attorney, Attorney Prain is the one.”

    Rachel

  • “He was honest in his advice and evaluation - he was genuine in his concern and his efforts to bring justice were incredible.”

    P.

  • “It was very fortunate a good friend of mine recommended Brian to me when I was in serious need of a very good attorney.”

    Danny

Our News

  • Criminal Sexual Conduct Fourth Degree - Another NOT GUILTY for Brian J. Prain
    Criminal Sexual Conduct Fourth Degree - Another NOT GUILTY for Brian J. Prain read more
  • Criminal Sexual Conduct - Choosing a Lawyer to Defend You
    Criminal Sexual Conduct - Choosing a Lawyer to Defend You read more
  • Criminal Sexual Conduct - What is the Probable Cause Conference?
    Criminal Sexual Conduct - What is the Probable Cause Conference? read more
  • Criminal Sexual Conduct & Immigration - Will I Lose My Green Card?
    Criminal Sexual Conduct & Immigration - Will I Lose My Green Card? read more
  • Criminal Sexual Conduct in Michigan - What Will My Bond Be?
    Criminal Sexual Conduct in Michigan - What Will My Bond Be? read more
  • Criminal Sexual Conduct Court Process in Michigan
    Criminal Sexual Conduct Court Process in Michigan read more
  • Assault with a Deadly Weapon - Felonious Assault
    Assault with a Deadly Weapon - Felonious Assault read more
  • Assault and Battery: Who is Victim in Mutual Fight?
    Assault and Battery: Who is Victim in Mutual Fight? read more
  • Criminal Sexual Conduct - Can My Charges Be Increased to First Degree?
    Criminal Sexual Conduct - Can My Charges Be Increased to First Degree? read more