CSC 1st Degree Michigan Penalty

Criminal sexual conduct attorney Nicole Blank Becker has seen over and over again what the strict penalties of first-degree CSC sexual assault, along with other criminal sexual conduct cases, do to people and their loved ones. Nicole’s experience dealing with all the possible penalties associated with first-degree CSC is part of the arsenal of power that Blank Law, PC brings to the table to fight for you. If you have been charged or are under investigation, our experienced Michigan sex crime lawyers can help you. Contact us now.

The penalties for a criminal sexual conduct 1st degree are life-altering. These penalties range from probation to a mandatory minimum sentencing of 25 years in prison, all the way to life in prison. Only a top criminal sexual conduct lawyer who has done thousands of sex crime cases can properly navigate the serious penalties associated with first-degree CSC charges.

The moment you find out, either through someone you know or a call from a detective, that you are being charged/investigated for first-degree criminal sexual conduct (or any sex offense) as a suspected sex offender, you must call criminal defense attorney Nicole Blank Becker immediately and schedule your free consultation!

MICHIGAN PENALTY FOR: VICTIM UNDER 13 YEARS OF AGE

The sex offender penalty for first-degree criminal sexual conduct sex crimes, with a person under 13 years of age, is the toughest penalty that exists amongst all of the sex charges in Michigan.

• Mandatory minimum sentencing of 25 years MUST be served if you plead guilty as a sex offender, plead no contest, or are found guilty in a jury trial.
• Required to register with the Michigan Sex Offender Registry for life.
• You have to wear a tether and be under Michigan lifetime electronic monitoring for the rest of your life.

Due to the severity of the penalties for Michigan first-degree criminal sexual conduct, being charged with this sex crime is WORSE than being charged with murder.

MICHIGAN PENALTY FOR: CSC IN THE FIRST DEGREE – ACCUSER IS 13–15 YEARS OLD AND…

• You are a member of the same household
• You are related to the accuser by blood or affinity to the fourth-degree
• You are in a position of authority over the accuser and you used this authority to coerce him/her to submit (force or coercion)
• You are a teacher
• You are an employee

If any of the facts above apply to your case AND the person is 13 through 15 years old, the maximum penalty is life in prison.

Note: there is NO mandatory minimum sentencing for this charge.

MICHIGAN PENALTY FOR: CSC IN THE FIRST DEGREE – SEXUAL PENETRATION CAUSED PERSONAL INJURY OR “FORCE OR COERCION” IS USED TO ACCOMPLISH SEXUAL PENETRATION

• If you cause personal injury to the complainant and this was done through force or coercion, the maximum penalty is a life sentence.

Note: there is NO mandatory minimum sentencing for this charge.

MICHIGAN PENALTY FOR: CSC IN THE FIRST DEGREE – SEXUAL PENETRATION CAUSED PERSONAL INJURY AND YOU KNOW THE ACCUSER IS MENTALLY INCAPABLE, PHYSICALLY HELPLESS, OR MENTALLY INCAPACITATED

The penalty is a life sentence.

• Mental illness means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
• Mentally disabled means that a person has a mental illness is intellectually disabled, or has a developmental disability.
• Mentally incapable means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.
• Mentally incapacitated means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.

Note: there is NO mandatory minimum sentencing for this charge.

MICHIGAN PENALTY FOR: CSC IN THE FIRST DEGREE – THE ACCUSER IS MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS AND ANY OF THE FOLLOWING APPLY TO THE CIRCUMSTANCES

The penalty is a life sentence.

• You are related to the accused by blood or affinity to the fourth-degree
• You are in a position of authority over the accuser and used this authority to coerce him/her to submit

Note: there is NO mandatory minimum sentencing for this charge.

MICHIGAN PENALTY FOR: CSC IN THE FIRST DEGREE – DURING THE COMMISSION OF ANY OTHER FELONY

The penalty is a life sentence.

• If a sexual assault or sexual penetration occurs and you commit another felony at the same time, you will be charged with criminal sexual conduct in the 1st degree.

As long as the felony was a separate and distinct offense from the completed act of sexual penetration or sexual assault, it is perfectly legal to charge you with both the felony committed and criminal sexual conduct 1st degree.

Note: there is NO mandatory minimum sentencing for this charge.

ANOTHER POSSIBLE MICHIGAN PENALTY FOR CSC IN THE FIRST DEGREE – CONSECUTIVE SENTENCING

Consecutive sentencing applies when you are either found guilty or plead to more than one Michigan CSC first-degree charge that “arises from the same transaction”. In Michigan, concurrent sentencing is the norm, and a consecutive sentence may be imposed only if specifically authorized by a statute.

Instead of being sentenced for each count and then serving your time in prison for all of them at the same time (commonly known as concurrent sentencing). In consecutive sentencing, you would have to serve the penalty given by the Judge for the criminal sexual conduct first-degree count first, AND THEN serve the penalty given by the Judge for the other felony.

Learn more about concurrent vs. consecutive sentencing here.

Frequently Asked Questions:

Q: I was found guilty of three counts of CSC in the first degree, but I did not get consecutive sentencing, is that normal?

A: Typically, consecutive sentencing is enforced if the state requests it. While judges can implement consecutive sentencing on their own, they rarely do.

It is important to note that if you decide to take a plea, oftentimes the state will forgo requesting consecutive sentencing because your plea allowed the accuser to avoid the public humiliation of having to testify in open court, etc.

Q: What if my child is adopted, am I “related” for purposes of this charge?

A: Yes. In Michigan, an adopted child is treated the same as a biological child for purposes of criminal sexual conduct charges.

Q: I was working as a masseuse and I barely swiped my finger in her anus. Is that enough to be charged with criminal sexual conduct in the first degree?

A: Yes. In Michigan, as a masseuse, you are considered to be in a position of authority.

Contact Michigan criminal sexual conduct lawyer Nicole Blank Becker and better your outcome will be. Call Blank Law, PC today at (248) 515-6583 for your free consultation.