Being accused of or arrested for a criminal offense in Michigan is bad enough, but your case becomes even more overwhelming when you add an element of criminal sexual conduct into it (CSC degrees).
Not only is it a felony punishable by imprisonment, but you are typically required to publish your details in the sex offender registry, i.e. the Michigan Sex Offender Registry, among other repercussions.
With that said, you should not give up if you are facing sex-related allegations or charges in Michigan.
Having a seasoned defense attorney, like Nicole Blank Becker, can help reduce the impact of your accusations or charges. At Blank Law, PC, we know the Michigan’s sex offenses law – and our lawyer has been in the trenches for over 20 years defending various sexual assault cases and criminal sexual conduct cases.
Assault with Intent to Commit Criminal Sexual Conduct
- MCL 520g assault with intent to commit criminal sexual conduct involving sexual contact or sexual penetration are among the most common sex offenses in Michigan (learn what is sexual penetration here).
For the offender to be convicted, however, the prosecution must prove every element of your case, including:
- That the accused person assaulted the alleged victim. Simply put, the prosecutor must present evidence to suggest that there was the use of force, coercion, physical violence, or weapons, and;
- The offender performed the § 750.520g Michigan assault with intent to commit criminal sexual penetration
Using any form of force or coercion, brute force, or weapons to commit or having the intent to commit criminal conduct involving penetration will result in criminal sexual conduct 1st degree criminal charges, which is a felony punishable by imprisonment up to life.
Even when penetration is absent, anyone accused of or charged with committing or attempting to commit assault with intent to commit criminal sexual conduct will face harsh punishment.
Classification of Assault with Intent to Commit Sex Crimes in Michigan
As per MCL § 750.520g, assault with intent to commit CSC penalties can differ based on the type of offense the defendant intended to commit.
In simple terms, a sexual act/assault with intent to commit conduct involving penetration shall attract much more severe penalties than an assault with intent to have unwanted sexual contact (leaern what is offensive touching here). Either way, both crimes attract severe punishment under Michigan sex crimes law.
- Assault with the intent to sexually penetrate: This type of charge involves assaulting a victim to penetrate them. A standard scenario warranting such a charge would be getting caught in the bedroom with a victim in a compromising situation that indicates an intent to sexually penetrate the victim through force or coercion, brute force, weapons, or other articles.
- Assault with the intent to commit criminal sexual conduct in the second degree: This offense involves an assault to achieve sexual contact, but does not involve penetration. This type of crime typically consists of force or coercion, and the victim is a minor, a person with a disability, or someone over whom the defendant holds a position of authority, such as a warden to a prisoner or a teacher to a student, i.e. teacher sexual misconduct.
The penalties for assault with intent to commit sex offenses are usually severe across all states in America.
In Michigan, the punishment for these types of felony crimes largely depends on several factors and the specific nature of the crime.
For an assault with the intent to penetrate, the defendant could be looking at a felony, punishable by imprisonment of up to 10 years.
On the other hand, a person charged with assault with the intent to achieve unwanted contact, without involving sexual penetration, shall receive a penalty with a maximum sentence of 5 years, upon conviction, according to the Michigan penal code.
With that said, following Michigan’s supreme court ruling, a sentence will sometimes be based on the court’s discretion. That means the judge presiding over the sex crime case can decide the reasonable sentence upon the conviction of an individual, without referring to the set penalties in the Michigan penal code.
Besides jail time, being convicted of assault with intent to commit CSC can attract other penalties and life-altering consequences, such as:
● Having to pay hefty fines and court fees
● Being subjected to Michigan lifetime electronic monitoring
● Having to register as a sex offender in the federal sex offender registry
● Trouble getting rental housing approval
● Restrictions on where you can work or live based on your sex offender registration
● Having professional licenses revoked or suspended
● Interstate and international travel restrictions (see can sex offenders travel?)
● Deportation for non-Americans
● Having to live with the stigma associated with a sex offense
You Can Be Convicted of Assaulting a Person with Intent to Commit Criminal Sexual Conduct when Facing Other Sex Crime Charges
The cards are stacked against you when facing sex related charges. Even when a prosecution does not justify a conviction for the charges brought before the court, a recent Michigan supreme court ruling allows the court to convict the accused for a lesser charge.
For example, if a person is charged with criminal sexual conduct involving sexual penetration, and the prosecution fails to meet the burden of proof for those charges, the defendant can potentially face a conviction for assaulting a person with the intent to commit CSC.
This could happen, especially where the prosecution believes that a CSC 1st degree Michigan offense was committed, but cannot find sufficient evidence to prove that sexual penetration occurred.
Sex crimes allegations or charges are quite serious in Michigan. Even when the alleged victim decides not to press charges, the prosecution may still opt not to drop your case, especially when the said criminal sexual conduct involves a minor or persons with disabilities.
As such, you will want to hire an experienced criminal sexual conduct attorney to help you avoid or reduce the potential damages that come with a sex crimes conviction.
The right defense attorney will work with you to identify a possible alibi or DNA evidence that swings in your favor. A good attorney will also know how to prove that you are a person of good character and that it is unlikely that you committed the alleged criminal sexual conduct, or establish other ways to weaken the prosecutor’s evidence.
Why You Need an Attorney when Facing Assault with Intent to Commit Criminal Sexual Conduct
Many offenders make the mistake of starting their sexual crimes offense charges without legal representation for fear of stigmatization, which can significantly affect their case. However, that should not be the case.
As soon as you get arrested for sexual offenses, the first rule is not to talk with law enforcement officers until you have a lawyer with you (find out what it means when a detective calls you here).
Speaking to the police without a lawyer puts you at the risk of saying something that can incriminate you, making an already bad situation worse.
More importantly, make sure that the criminal defense lawyer you hire has extensive experience in fighting Michigan criminal sexual conduct charges of any nature.
Have You Been Charged with a Sex Crime in Michigan? Contact a Skilled Michigan Sex Crimes Attorney
Are you searching for a defense lawyer to help you fight your sex-related charges? Look no further! Attorney Nicole Blank Becker of Blank Law, PC understands that everybody deserves a right to good legal representation and she is dedicated to ensuring her clients’ rights to a fair trial are upheld.
Nicole prides herself on creating an excellent attorney-client relationship and keeps all confidential or sensitive information completely between her and her clients, no one else. Bringing her 20 plus years of experience into your sex offense case will assure you the best possible outcome.
Feel free to give us a call at (248) 515-6583 or contact us online today to book a free consultation.
3150 Livernois Rd. Suite 126
We accept the following payment methods:
We serve the following counties: Macomb County, Oakland County, Wayne County, Washtenaw County, Ingham County, Lapeer County, Genesee County, Livingston County, etc.
We serve the following cities: Center Line, Eastpointe, Fraser, Grosse Pointe Shores, Memphis, Mount Clemens, New Baltimore, Richmond, Roseville, St. Clair Shores, Sterling Heights, Utica, Warren, Auburn Hills, Berkley, Birmingham, Bloomfield Hills, Clarkston, Clawson, Farmington, Farmington Hills, Fenton, Ferndale, Hazel Park, Huntington Woods, Keego Harbor, Lake Angelus, Lathrup Village, Madison Heights, Northville, Novi Oak Park, Orchard Lake Village, Pleasant Ridge, Pontiac, Rochester, Rochester Hills, Royal Oak, South Lyon, Southfield Sylvan Lake, Troy, Walled Lake, Wixom, Allen Park, Belleville, Dearborn Heights, Dearborn, Detroit, Ecorse, Flat Rock, Garden City, Gibraltar, Grosse Pointe, Grosse Pointe Farms, Grosse Pointe Park, Grosse Pointe Shores, Grosse Pointe Woods, Hamtramck, Harper Woods, Highland Park, Inkster, Lincoln Park, Livonia, Melvindale, Northville, Plymouth, River Rouge, Riverview, Rockwood, Romulus, Southgate, Taylor, Trenton, Wayne, Westland, Woodhaven and Wyandotte.