Armed With a Weapon

First Degree Criminal Sexual Conduct includes circumstances under which the accuser is “ armed with a weapon” or where the actor used force or coercion to accomplish sexual penetration.

If the accused is “armed with a weapon” or any article used or fashioned in a manner to lead the accuser to reasonably believe it to be a weapon, the state can charge the accused with first-degree criminal sexual conductt – “armed with a weapon”.

EXAMPLE
When talking to the police the accuser admitted that she never actually saw the accused holding the gun. However, the accuser reasonably believed that the defendant was “armed with a weapon” when he forced her to submit to sexual penetration. That is enough to charge the accused with first-degree criminal sexual conduct – armed with a weapon.

For a First Degree Criminal Sexual Conduct charge, the accused may be considered “armed with a weapon” even though the accuser disarmed the accused before the penetration. If you have been charged or are under investigation, our experienced Michigan criminal sexual conduct lawyers can help you. Contact us now.