Michigan Criminal Sexual Conduct 3rd Degree Lawyers

At Blank Law, PC in Michigan, our sex crimes attorneys’ mission is to provide aggressive and expert legal guidance to individuals facing the daunting challenges of being charged with third-degree criminal sexual conduct, or other related sexual conduct offenses. As dedicated Michigan criminal sexual conduct lawyers, we specialize in cases involving 3rd degree criminal sexual conduct. At Blank Law, PC we understand the gravity of the accusations and the profound impact they can have on your life.

Whether you’re grappling with false allegations or misunderstandings, we stand by your side, offering compassionate counsel and strategic defense tailored to your unique circumstances. Contact us now for a free consultation. No other law firm in Michigan has the same credentials as Blank Law, PC. We are here to defend you.

Definition of Criminal Sexual Conduct in the Third Degree

Criminal sexual conduct in the third degree, often termed “Statutory Rape,” is the second harshest charge in sex crime cases, mandating a minimum sentence of one year upon conviction. Similar to first-degree criminal sexual conduct, this offense hinges on allegations of sexual penetration or battery. However, without such claims from the accuser, the charge of CSC third-degree does not apply.

Michigan CSC in the Third Degree Penalties

Penalties for CSC in the third degree carry the second highest penalties within the Michigan criminal sexual conduct category with life-changing consequences.

There are many different fact scenarios in which you can be charged with third-degree criminal sexual conduct and, therefore, face the criminal sexual conduct third-degree penalties. Some examples of this include, but are not limited to:

• You have sexual relations, including sexual penetration, with a minor aged 13-15 years old
• You have sexual relations involving sexual penetration with another adult, and that other person claims the sexual act was non-consensual.
• You are related to the other person and sexual penetration occurs
• The alleged victim is a student at either a public school or non-public school, and you are a teacher, substitute teacher, or employee of the school, i.e. teacher sexual misconduct
• The alleged victim is between the ages of 16-26 years old and receives special education services
• You are a person licensed/employed at a child care organization, foster family home, or a foster family group home

No matter what scenario above fits your circumstances, third-degree criminal sexual conduct is a felony punishable by:

• Imprisonment for not more than 15 years in prison
• You will be subject to mandatory minimum sentencing of one year in prison
• You will be required to wear an electronic tether for the rest of your life
• You will be required to register on the Michigan Sex Offender Registry

Do My Actions Fit the Crime of CSC 3rd Degree?

According to the Michigan Compiled Laws; MCL 750.520d, if your actions match any of the following circumstances, you may be charged/investigated for CSC 3rd degree:

Sexual penetration/sexual battery with another person when any of the following circumstances exist:

• Force or coercion; actual application of physical aggravated force or physical violence.
• Mentally incapable that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.
• Mentally Incapacitated due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent
• Physically helpless.

Frequently Asked Questions about CSC 3rd Degree:

Q: I never would have had sex with her if I knew she was only 15 years old, I thought she was older, can I be charged with criminal sexual conduct in the third degree?

A: There is no defense of: I thought she was older, or he said she was 16 years old, or the website I was on said everyone had to be 18 years or older to participate. It is your responsibility, and your responsibility only, to confirm, check, and then recheck the age of the person you chose to be intimate with and commit the act of sexual penetration/sexual battery with. If you fail to do so, you may find yourself charged with criminal sexual conduct in the third degree.

Q: I asked her how old she was and she told me she was 17 years old, I even have proof that she said she was 17 years old in my texts, but she ended up being 14 years old, why am I being charged with Criminal Sexual Conduct In The Third Degree when she is the one who lied about her age?

A: It doesn’t matter if your accuser lied to you about her age. She/he will not get charged with a crime for lying, but you WILL get charged with CSC 3rd degree.

Q: How do I avoid getting in trouble for having sexual relations with someone underage?

A: The only way to avoid paying for it later is to do your homework BEFORE you get intimate. While it may be scary, uncomfortable, or odd to ask the person you want to be intimate with to provide you with proof of his/her age, the alternative should scare you more.

The Forensic Interview

If a child, between the ages of 13 and 15, alleges sexual penetration/sexual battery, they must reveal that information at a forensic interview done at a Child Advocacy Center (i.e. Care House, Kids Talk, etc.).

If they do not, the state will not be able to charge you with a crime.

Defense Against CSC 3rd Degree Charges

Consent is a defense to criminal sexual conduct in the third degree by aggravated force or aggravated coercion. The defense of consent is extremely common, especially when it comes to two adults that engaged in sexual penetration/sexual battery, and then one of the parties claims he/she was raped. The unsettling reality is that a mere accusation can propel legal proceedings, potentially leading to a jury trial without further evidence.

Here, the expertise of Blank Law, PC becomes indispensable. Our team specializes solely in sex crimes, offering an unmatched focus on defending clients accused of offenses like CSC. When facing such charges, having lawyers who understand every detail of your case is crucial. They dedicate extensive time to comprehending the nuances before crafting a robust defense strategy. With their deep understanding of sexual crime laws and a track record of dismantling false accusations, our Michigan criminal sexual conduct lawyers stand as staunch advocates, ensuring that every aspect of the story is meticulously examined and defended.

THE ROMEO AND JULIET LAW

The “Romeo and Juliet” law is an exception to the law that requires the registry for certain sexual assault crimes on the Michigan Sex Offender Registry List. It applies only to statutory rape cases.

If you are charged with criminal sexual conduct first degree, CSC in the third degree, or assault with intent to commit criminal sexual conduct, involving sexual penetration/sexual battery with a person who was at least 13, but less than the age 16 at the time of offense, you may be eligible to claim that you should not have to register under the “Romeo and Juliet” law.

The “Romeo and Juliet” laws were put in place to prevent individuals who engage in consensual sexual activity, when both participants are significantly close in age to each other and one or both partners are below the age of consent, to be exempt from having to register on the Michigan Sex Offender Registry.

For you to be eligible for the benefits of the “Romeo and Juliet” law, you must meet the following circumstances:

• The complainant must have consented to the conduct
• The complainant was at least 13 years of age, but under 16 years of age, at the time of the conduct
• You were not more than four years older than the complainant

If You Are on the Michigan Sex Offender Registry and the Above Conditions Apply to You:

If you fall within the above eligibility requirements and are currently registering on the Michigan Sex Offender Registry, you must contact attorney Nicole Blank Becker immediately!

So long as your circumstances check all of the above boxes, Nicole can petition the court and request immediate removal from the Michigan Sex Offender Registry List.

Holmes Youthful Training Act

If you are charged with third-degree criminal sexual conduct, your lawyer can request the Judge and/or the state for you to be considered for a program called Holmes Youthful Training Act. HYTA is one of the best ways to avoid having criminal sexual conduct in the third-degree charge go on your record. It’s as if your charge is under advisement.

To be eligible, you must meet the following circumstances:

• You must currently be between the ages of 16 and 24.
• If you are between the ages of 21-24, you must first ask for permission from the state for the Judge to consider HYTA.
• You must plead guilty.

Hire The Best Criminal Sexual Conduct Lawyers in Michigan

Our law firm has seen thousands of defenses over her 40+ years of experience when it comes to sexual assault cases, and we will use those experiences to formulate the best defense for you. Contact our Michigan criminal sexual conduct lawyers now for a free, confidential consultation.