The difference between each degree of criminal sexual conduct sex offense or sexual assault charge depends on whether or not the accuser alleges some type of penetration or unwanted touching of a sensitive area of his/her body. First-degree CSC can best be defined by the fact that it involves sexual penetration. While there are four different CSC degrees of sexual assault crimes, criminal sexual conduct in the first degree is considered to be the harshest charge of all four. If you have been charged or are under investigation in Michigan, our experienced sex crimes lawyers can help you.
According to the Michigan Penal Code; MCL 750.520b, if your actions match any of the following circumstances, you may be charged/investigated for CSC 1st Degree:
Mounting a defense against a charge of 1st-degree criminal sexual conduct requires a deep understanding of sex crime cases. While facing such serious allegations, the decision to accept a plea offer instead of proceeding to trial is strategic, not indicative of defeat. This choice reflects a well-informed strategy aimed at minimizing potential consequences for you and your loved ones. Negotiating plea deals in cases of first-degree criminal sexual conduct demands expertise, a challenge that Nicole Baker has navigated successfully at the behest of her clients.
Nicole Blank Becker, former Chief of the Sex Crimes Unit, possesses unparalleled insight into first-degree criminal sexual conduct cases. With extensive experience in navigating jury trials and reviewing warrants, Nicole’s meticulous attention to detail ensures a tailored defense strategy for each client. Her expertise in discerning negotiable charges and debunking misconceptions about defense options underscores the importance of choosing a seasoned attorney to safeguard your future in the face of such serious charges.
Several defenses will never work when it comes to a criminal sexual conduct first-degree charge:
None of the above are valid legal arguments for a criminal sexual conduct first degree in Michigan. The defenses of ignorance or honest mistake of fact can never be argued to a jury. As an adult, you are 100% responsible for knowing how old the person you choose to get intimate with is, no excuses.
Q: I barely put my finger in her vagina – why am I charged with first-degree criminal sexual conduct?
A: This question comes up all the time. The short answer is that the accuser is claiming you put your finger inside her labia minora or her labia majora. (Refer to the definitions above regarding the female anatomy).
To be charged with first-degree criminal sexual conduct, “any entry, no matter how slight, is enough.” In other words, if your finger, tongue, genitalia, any part of your body, or any other object enters, “no matter how slight,” the accuser’s mouth, genital organs, anal opening, or genital opening, and the accuser is under the age of 13, you can be charged with criminal sexual conduct in the first degree.
BEWARE: Oftentimes, if the police are not sure if your finger went into the accuser’s vagina, they will bring you in for questioning. They will request that you trace your hand on a piece of paper and then ask you to draw a line to show how much of your finger went inside her vagina.
You may think, “Well, if I just show it was the tip, I am not going to get into that much trouble,” NOT TRUE!
You should not engage in that exercise with the police! It will be used against you.
Q: Why am I being investigated for sexual conduct in the first degree when the accuser cannot even remember what day any of the allegations occurred?
A: The state is NOT required to prove/show the exact day and/or time the allegations took place for all criminal sexual conduct charges. The only time that dates and times matter, and must be proven by the state, are when determining the age of the accuser for purposes of how to charge you. Was he/she under 13 years old? Was he/she between 13 -15 years old? Or was he/she an adult?
Q: If we only had sex three (3) times, on the same night, why am I charged with three (3) separate charges of criminal sexual conduct 1st degree?
A: The law allows the state to authorize separate charges for each sexual penetration that is alleged. Therefore, if you engaged in sex three times in one night, legally you could be charged, convicted, and punished for three separate counts of CSC 1st degree.
In attorney Nicole Blank Becker’s experience, the state typically does not charge this way.
NOTE: If they do charge that way, they may ask for consecutive sentencing if it involves three (3) counts of criminal sexual conduct 1st degree.
Q: If I gave the accuser oral sex and no other part of my body went inside them, that is not penetration and I won’t be charged with sexual conduct in the first, is it?
A: Cunnilingus and fellatio (oral sex) both fall under first-degree criminal sexual conduct. They require no separate proof of any intrusion.
For you to get charged with criminal sexual conduct in the first degree with a child under the age of 13, the child must disclose some type of penetration during a forensic interview at a Child Advocacy Center (i.e. Care House, Kids Talk, etc.). If the child does not disclose anything at the Child Advocacy Center, then the state cannot proceed with charging you.
The time to start formulating your defense is now. Use the uncontroverted skills and knowledge of Blank Law, PC to lead you through this process and get you the best possible outcome there is. If you have been charged or are under investigation, our experienced Michigan criminal sexual conduct lawyers can help you. Contact us now.
Nicole knows exactly how to navigate the system to best serve you and your needs. She has the experience needed and is ready to get the best defense and strategy together for the future fight of your life. She also prides herself on keeping a great attorney-client relationship, and everything you say to her is 100% confidential. The sooner you contact our Michigan criminal sexual conduct lawyer, Nicole Baker, the better your outcome will be.
