Criminal Sexual Conduct Lawyers in Kalamazoo

Many, many years ago the State of Michigan codified the common law crime of rape into a statutory scheme called Criminal Sexual Conduct.  The Criminal Sexual Conduct statute is extremely complex.

A conviction of criminal sexual conduct not only carries very severe penalties, but it can also destroy your reputation and livelihood if you lose your professional license in the process.

At Levine & Levine, we are committed to helping our clients fight against charges of criminal sexual conduct in Kalamazoo and across Michigan since 1987. We have the skills and experience to be able to truly help our clients through these difficult situations. Our ability to deliver exceptional results to our clients has earned such high regards as:

• Randall Levine is rated AV Preeminent by Martindale-Hubbell’s peer-review rating system ꟷ the highest available rating. 
• Randall Levine is included in the Top 100 Trial Lawyers in Michigan, Best Lawyers in America, and for a consecutive number of years as a Super Lawyer.
• Attorney Markou has been named among the Top 100 Trial Lawyers in Michigan and Super Lawyers.

If you have been arrested for CSC or believe you are under investigation, reach out to Levine & Levine Attorneys at Law as soon as possible so that can begin building your defense. Our team has over 100 years of combined legal experience!

What is Considered Criminal Sexual Conduct?

In Michigan, sexual assault is legally referred to as criminal sexual conduct (CSC). This type of sexual assault can be defined as any non-consensual sexual contact, including, coercing, intimidating, or forcing someone to engage in sexual contact, regardless of whether it is penetrative or not.

Sexual assault refers to a wide range of circumstances, including:

• Sexual assault in intimate relationships
• Sexual assault of adolescents, teens, and minor children
• Rape
• Statutory rape

The circumstances of your case will affect how you are charged. Prosecutors will consider things like the ages of the people involved, the relationship between them, and if any other crimes were committed at the same time. Some may be surprised to learn that criminal sexual conduct charges do not require a corroborating witness other than the victim, and these crimes can occur between dating or married couples. Even teens can be charged with sexual assault. Depending on the circumstances, they may even be tried as an adult.

Degrees of Criminal Sexual Conduct Charges

Under Michigan law, Criminal Sexual Conduct (CSC) is divided into four categories. Here is a detailed look at each of the CSC offenses in Michigan:

First-Degree CSC

First-degree criminal sexual conduct (CSC) involves instances where sexual penetration is carried out on a child below the age of 13. It also encompasses situations where the child is between 13 and 16 years old, and the alleged perpetrator holds a position of authority over them, such as a teacher, after-school care provider, doctor, etc.

The penalties for a first-degree CSC offense can involve a 25-year term of inprisionment as well as mandatory sex offender registration.

Second-Degree CSC

A second-degree criminal sexual conduct charge involves the sexual touching of a child under 13 years old, a minor who is related to the offender or who is lives in the same household, or someone who is otherwise vulnerable.

Besides the requirement for mandatory sex offender registration, a conviction for second-degree criminal sexual conduct (CSC) results in a penalty of up to 15 years of imprisonment, and in specific cases, may necessitate permanent electronic monitoring.

Third-Degree CSC

A third-degree charge of criminal sexual conduct involves sexual penetration due to force, coercion, and/or intimidation. It can also include situations where the other person is underage, mentally disabled, or vulnerable in other ways.

Third-degree CSC charges are punishable by fifteen years of imprisonment upon conviction and mandatory registration as a sex offender.

Fourth-Degree CSC

A fourth-degree criminal sexual conduct (CSC) charge encompasses various factors, often involving intimate touching of a minor aged between 13 and 15 years old, touching a person whom the perpetrator knows or has reason to believe is mentally or physically disabled, or inappropriate touching by an authority figure.

CSC in the 4^th degree is a “high court” misdemeanor, and though it doesn't carry as severe penalties upon conviction, it should still be taken just as seriously as any CSC charge. Because CSC 4^th degree carries a two year term of imprisonment upon conviction it is considered a felony for purposes of the habitual offender law in Michigan.

Rape Defense in Kalamazoo

Allegations of rape are extremely serious. An accusation alone can irreparably harm someone's reputation, and a conviction is nothing short of devastating. Rape cases are often sensational and garner a lot of attention. This can lead to a trial by public opinion, resulting in irreparable harm. Everyone deserves diligent, dedicated legal representation, and this is especially important in rape cases where, so often, the rights of the accused are violated. At Levine & Levine, we have a reputation for our intellectual rigor and tireless pursuit of justice for our clients. We dig deep into every case, leaving no stone unturned.

How is Rape Charged in Michigan?

The Michigan Penal Code does not have a criminal charge for rape. Instead, it is referred to as criminal sexual conduct (CSC). The circumstances of the allegations will affect how prosecutors charge a rape case.

Things that may affect how a rape case is charged include:

• The ages of the people involved
• The relationship between the people involved
• Whether the victim sustained injury
• The presence of weapons
• Whether any other crimes were committed in conjunction with the rape

Statutory rape is charged as 3^rd-degree CSC and classified as a felony. Even teens can be charged with statutory rape, and a conviction can haunt them forever. If you or a loved one has been charged with statutory rape, reach out to Levine & Levine to discuss your legal options.

Defenses Against CSC Charges

In Michigan, common defenses to charges of CSC can include:

• Consent: Arguing that the sexual activity was consensual and that the alleged victim agreed to participate willingly.
• Mistaken Identity: Claiming that the accused was not the person who committed the alleged act, often supported by alibi evidence or inconsistencies in witness testimony.
• False Accusations: Asserting that the allegations are fabricated, motivated by revenge, jealousy, or other personal reasons.
• Lack of Evidence: Challenging the prosecution's evidence, such as lack of physical evidence, inconsistencies in witness statements, or unreliable testimony.
• Statute of Limitations: Asserting that the alleged offense occurred outside the statute of limitations period, barring prosecution.
• Duress or Coercion: Arguing that the accused acted under duress or was coerced into committing the alleged act.
• Entrapment: Claiming that law enforcement induced the accused to commit the offense they otherwise would not have committed.
• Insanity or Incapacity: Arguing that the accused was not mentally capable of understanding the nature of the act or lacked the capacity to control their actions. 

What to Do If You Are Accused of CSC

If you are accused of CSC, you need to take immediate and careful steps to protect your rights and mount an effective defense. Here are the key actions to consider:

1. Remain Calm: Being accused of CSC can be emotionally overwhelming, but it's important to stay composed and avoid confrontations with the accuser or anyone else involved.
2. Consult with an Attorney: Contact a qualified criminal defense attorney with experience in CSC cases as soon as possible. A lawyer can provide essential guidance tailored to your specific situation and ensure that your rights are protected throughout the legal process.
3. Avoid Speaking to Law Enforcement: Until you have consulted with your attorney, refrain from making any statements or discussing the details of the allegations with law enforcement. Anything you say could potentially be used against you later.
4. Gather Evidence and Documentation: If you have any evidence that supports your innocence or contradicts the allegations, gather it and provide it to your attorney. This may include text messages, emails, witness statements, or other relevant documentation.
5. Follow Legal Advice: Listen to your attorney's advice and follow their instructions carefully. They will help you navigate the legal proceedings, including potential interviews, court appearances, and negotiations with prosecutors.
6. Maintain Confidentiality: Avoid discussing the case with anyone other than your attorney, including friends, family, or on social media. Confidentiality is critical to protecting your defense strategy and preserving your reputation.
7. Prepare for Legal Proceedings: Be prepared for the legal process, which may include bail hearings, preliminary hearings, pre-trial motions, and ultimately a trial if the case proceeds. Your attorney will prepare you for each step and advocate on your behalf.
8. Consider the Impact: Understand the potential consequences of a CSC conviction, which can include significant prison time, mandatory registration as a sex offender, and lasting damage to your personal and professional reputation.
9. Cooperate with Legal Requirements: While maintaining your innocence, cooperate with legal requirements such as court appearances, orders from the judge, and any conditions of release if applicable.

Our Kalamazoo rape defense attorneys are tireless in their pursuit of justice for our clients. We are fierce litigators who aren't afraid to go to trial. We know that every aspect of your case matters and deserves our undivided attention, from filing the necessary pre-trial motions to preparing clients for court. When adequate doesn't cut it, turn to Levine & Levine.

Let Us Help You Avoid a CSC Conviction

Backed by a winning success rate and over a century of combined experience, we treat every case with the care and seriousness it deserves. At Levine & Levine Attorneys at Law, we are highly regarded in the legal community and are well-known for our proven record of success. Our practice is rooted in a deep understanding of the Constitution and the Bill of Rights, allowing us to take an intellectual approach in court that can’t be easily matched or bested. We fight aggressively for our clients, and we are prepared to put our extensive knowledge and experience to work for you.

We are available to help you understand the statute and the serious consequences available for a conviction to any degree of Criminal Sexual Conduct. Call (269) 218-8880 today!