Like all of Genesee County and the rest of Michigan, the city of Flint comes down hard on sex crimes. While these stringent penalties – including prison time, fines, and potentially decades on the public list of sexual offenders – exist to protect Flint's citizens, sometimes, in an effort to curtail crime, police and prosecutors go too far and try to make examples of offenders with sentences that are harsher than they deserve. This is why it's vital, if you've been accused of any kind of criminal sexual conduct (CSC) to contact a highly experienced Flint, MI sex crimes attorney with a proven record of successfully defending these types of crimes.
The Flint criminal defense attorneys at Grabel & Associates are these types of attorneys. With over 100 years of combined legal experience and an intimate knowledge of the proceedings inside the 67th District Court and the 7th Circuit Court here in Flint, they can provide the staunch support you need to fight sex crime charges and either clear your good name or receive a fair sentence that takes into account all mitigating factors and extenuating circumstances. So don't wait. Call the Flint, MI sex crimes attorneys at 800-342-7896 today to start moving your case in the right direction.
The police officers and juries in Flint, MI act aggressively and proactively against sex crimes. While this attitude is necessary to keep the city and its citizens safe, sometimes in their zeal to protect, they may unwittingly become biased against you and accuse you of a more severe crime than you actually committed or push for a more severe punishment than you deserve. Knowing exactly what you've done and what the fair prescribed sentence is according to Michigan law is the first step toward securing an optimal outcome for you. A description of the four levels of sex crimes according to Michigan law is below.
First degree criminal sexual activity (CSC) is the legal name for aggravated cases of rape, statutory rape, and certain cases of sexual activity between an authority figure with someone under his care. It always involves actual penetration and is the most serious of all the sex crimes, incurring penalties of up to life in prison.
A person will be charged with first degree CSC if the sexual act is accompanied by any other felony (such as felonious assault), the victim was injured after being forced or coerced into a non-consensual act, the person used an accomplice, or the person was armed or led the victim to believe he was armed in order to commit the act.
In addition, acts against certain categories of people who cannot consent are covered in the definition of this crime, including sexual penetration with anyone under 13, or with anyone between 13 and 16 if the actor is a relative or one of a given list of authority figures, such as a teacher or foster worker. Penetration with victims who are or were at the time of the act, physically or mentally incapable of giving consent fall into this category if the perpetrator used an accomplice, injured the victim, or acted against someone related to him or under his authority.
In addition to a prison sentence of 25 years to life, a person who is convicted of first degree CSC is subject to lifetime electronic monitoring and lifetime registration on the sex offender registry.
You may be charged with second degree CSC under most of the same circumstances that define a first degree act if sexual contact, but no penetration took place. Sexual contact includes both direct and indirect touching (touching through the victim's clothing) for the purposes of this definition.
In addition to the parameters set forth above, you may also be charged with second degree CSC if you are or were at the time of the act an employee, contractor, or volunteer with the Department of Corrections, a city or county jail, or any other detainment facility and you act against a prisoner or detainee. In Flint, this would include anyone being held in the Flint MI City Police Holding or the Genesee County Jail.
The penalty for second degree CSC is not as harsh as for a first degree offense, but still entails a harsh sentence, including up to 15 years imprisonment, 25 years to life on the sex offender registry, and lifetime electronic monitoring if the victim was under 13 and the perpetrator at least 17.
Like first degree CSC, third degree CSC involves sexual penetration, but under different parameters. In general, this crime is not as violent as the first degree offense, and includes no injury or other felonies. The offender may, however, have used force or coercion or acted against a person in a protected category, such as a minor between 13 and 16, a relative, or someone who is or was at the time, physically or mentally incapable incapacitated or incapable of giving legal consent.
With or without consent, any sexual act between a teacher, school employee, or government worker with a regular student between 16 and 18 or a special education student between 16 and 26 constitutes third degree CSC.
The penalty for this offense is up to 15 years imprisonment and a lifetime on the sex offender registry.
Fourth degree CSC has similar parameters to the third degree act, but involves sexual touching without penetration. One notable caveat, however, is that consensual contact with a minor between 13 and 16 by someone less than 5 years older is exempted.
Although a much less egregious crime than the rest of the sex offenses, fourth degree CSC is still a felony, carrying a penalty of up to 2 years in prison, $500 in fines, and 15 years to life on the sex offender registry.
As you can see from the above descriptions, a single mistake can have lifelong ramifications. But the worst-case scenario doesn't have to be your story. By calling Grabel & Associates, you'll have a team of legal experts on your side who can help mount a firm defense and fight for justice in your situation. If you've been accused of any kind of sex crime, call us today at 800-342-7896 or contact us online.