Criminal Sexual Conduct 2nd Degree Assault

Criminal Sexual Conduct 2nd Degree Assault

Second degree criminal sexual conduct is considered a felony offense in the state of Michigan. This is a sex crime involving any type of sexual touching to a minor or another party who does not agree to it. In many cases, it involves a minor or a person with a mental or physical disability. It also comes into play if the alleged victim of the sexual contact is someone you have power over or that you coerce to engage in some type of sexual activity.

In some other states, criminal sexual conduct 2nd degree is called and charged as child molestation or sexual battery if the alleged victim is a minor and under a certain age.

Criminal Sexual Conduct 2nd Degree Assault

If you face second degree criminal sexual conduct charges in the state of Michigan, you face serious, potentially life–long consequences. Due to the severity and impact of the potential consequences of these sex crimes, it is recommended that you contact a criminal defense attorney immediately. This can be charged as a serious felony offense. If this happens you must ensure you have a strong defense in place.

Potential Consequences of a Second Degree Criminal Sexual Conduct Charge

If you are convicted of a second degree criminal sexual conduct charge in Michigan, the potential consequences you will face are serious. Some of the possible consequences you can face include the following:

• Multiple years in prison
• Ordered to pay court costs and criminal fines
• Submit to lifetime electronic monitoring
• Permanent record as a state offender
• Limited to where you can live and deny housing
• Lose your current job and be denied future employment opportunities
• Lose your professional license
• Lose partial or full custody of your children
• For non-American citizens, they may lose their green card or immigration visa

Learn more about the CSC 2nd degree Michigan penalty here.

Due to the potentially serious consequences of being convicted of a second degree criminal sexual conduct charge, it is recommended that you contact an experienced sex crimes defense lawyer immediately. Even if your situation seems serious (and any sex crimes charge is), an attorney can work to help you build a criminal sexual conduct defense for the charges you are facing.

It is possible to speak to an attorney in any state in the criminal process. This includes when the police are questioning you as part of the investigation. Hiring a Michigan criminal sexual conduct attorney as early in the process as possible offers several benefits. Your attorney will work to ensure your constitutional rights are protected and that what you say is not used out of context or against you. In many cases of alleged sexual contact, it is a situation of your word against the alleged victim. As a result, you must have an attorney’s help in making sure what you say is only taken in context. Learn what happens if you don’t talk to a detective here.

What Constitutes Second Degree Criminal Sexual Conduct?

Cases of second degree criminal conduct in Michigan, or CSC 2nd degree Michigan, involve intentional sexual contact with another person for sexual gratification or sexual arousal. It also applies to sex crime cases where the person aims to anger, revenge, or humiliate the victim.

Michigan law defines who can be a victim of criminal sexual conduct in the second degree. There is an emphasis on power relationships and the abuse of these types of relationships. Examples of this include students and teachers or a substitute teacher (see: teacher sexual misconduct), a correction officer and a resident at a youth correctional facility, or someone who works in or at a foster family group home and a child who resides there. These are just a few examples.

Based on this statute, you can be charged with second degree criminal sexual conduct if you have or are suspected of having some type of sexual contact with any of the following people:

• A child who is under the age of 13
• A child aged 13 to 16 living in your home and who is a relation to you in the fourth degree or who you have authority over or lives in the same household, and you coerce them to engage in sexual contact
• Any student who attends a school or in a school district where you are working as a volunteer, teacher, contractor, substitute teacher, employee, or administrator
• Foster child or resident of a childcare facility, group home, or foster home where you work as a volunteer, contractor, or employee
• Someone who is mentally incapacitated or physically helpless, who you are related to in the fourth degree, is held by the Department of Corrections, or who you have some type of authority over and use that authority to engage in sexual contact
• Someone who is under the jurisdiction of the DoC and you work as a volunteer, employee, or contractor for the department
• A probationer or prisoner of the county where you work while you are a volunteer, contractor, or employee
• Any inmate who is waiting for their hearing or trial while you are a volunteer, employee, or contractor at the detention facility where they are held

Some other circumstances may result in you being charged with second degree criminal sexual conduct in Michigan include:

• Situations where sexual contact occurs while you are committing another crime or felony (an example would be a robbery)
• Cases of sexual contact that occurs while you were aided by one or several people and when you used force or coercion or if the victim had a mental or physical disability
• Cases of sexual contact that occur while you are armed with a weapon or some item that the victim believed was a weapon
• Using force or coercion to engage in some type of sex crime contact and the alleged victim experiencing a personal injury
• Cases of a sex crime or sexual touching of someone you know has a mental or physical disability, and that results in a personal injury

Understanding the Potential Penalties for Conviction of Second Degree Criminal Sexual Conduct Charges

In Michigan, a second degree criminal sexual conduct charge is a felony punishable by jail time, fines, and more. The statutes state that you face up to 15 years in prison if you are convicted. Another penalty would be lifetime monitoring if the sex crimes involved someone who was under the age of 13 while you were over the age of 17.

Habitual offender sentencing enhancements could apply to your situation if you are convicted of a second or a subsequent criminal sexual conduct crime. In this situation, the court must sentence you to a mandatory minimum sentencing of five years in prison.

You will also qualify for the habitual offender sentencing enhancement if the following circumstances exist in your case:

• Prior conviction of rape
• Prior conviction of carnal knowledge
• Prior conviction of indecent liberties
• Prior conviction of gross indecency

This also applies if you try to commit some type of sex crime in a different state.

While this is true, the actual penalties you face for charges of second degree criminal sexual conduct may be different than what is outlined in the statutes. The Michigan Supreme Court has stated that it is within the judge‘s power to determine an appropriate sentence for crimes. Working with a CSC defense attorney and developing an attorney-client relationship early on is recommended since the penalties are so serious. Along with helping build sexual assault defense strategies on your behalf, your attorney can explain the criminal process for any type of felony offense you face.

Sex Offender Registration for Second Degree Criminal Sexual Conduct Convictions

Being convicted of criminal sexual conduct in the second degree is considered a Tier 2 sex offender or Tier 3 sex offender offense. If you are convicted of this, you will have to register for the rest of your lives for victims under the age of 13 and 25 years for victims over 13 on the public Michigan Sex Offender Registry. A conviction for this felony offense means the person cannot petition to be removed from this registry early.

Here is what happens when you register as a sex offender. You will register for the Sex Offender Registry within a few days of being convicted. You will sign the needed documents and then go to jail (if that was part of your sentence). The time you must be on the registry will not start until after your jail or prison sentence is complete.

Increased Penalties for CSC 2nd Degree

You can have criminal sexual conduct charged as a CSC 4th degree charge or as a second degree charge. Facing second degree criminal sexual conduct charges is more serious and usually accompanied by more serious or aggravating circumstances, such as personal injury, coercion, or force. It also often involves someone in power over someone else, like a person who works at a school district and takes advantage of a student or a similar situation (see: positions of authority).

Here you can find the situations that would increase your charges from criminal sexual conduct 4th degree charges to second degree sexual conduct charges. The victim being under 13 is one of the biggest situations. Michigan takes any type of sex crime against a minor seriously; however, if the victim is under 13, this is an aggravating circumstance for both sexual contact and sexual penetration. You can be charged with an elevated criminal sexual conduct charge in the second degree for cases of sexual contact if the alleged victim was at least 13, but under 16.

In this situation, the alleged victim should be a member of the perpetrator’s household, and then the charges would be elevated. Also, if the victim is related to the perpetrator to the fourth degree or by blood to the person, the charges they face will increase.

Sometimes, false allegations of sexual contact occur. These situations occur more than some people realize (see: why would a child lie about being molested?). If this happens, hiring professional legal representation is a must. A criminal sexual conduct attorney can create a defense and make an argument that creates reasonable doubt to help you win your case. It is wise to develop an attorney-client relationship as early in the process as possible.

Building a Defense Against Charges of Second Degree Criminal Sexual Conduct

Charges of criminal sexual conduct are usually complicated. They can involve a lot of emotions and uncertainty. Sometimes, charges involve someone in your family (up to the fourth degree), someone you had a romantic relationship with at some point, a friend, or even an acquaintance.

Accusations of unwanted sexual touching, using physical force to engage in sexual contact, and even sexual assault cases can arise from many different motivations. They may come because of tension in your relationship, there may be a misunderstanding, or something else. Many people are falsely accused of CSC crimes when going through a divorce, breakup, or even a custody dispute. In many cases, your future depends on the credibility of the alleged victim, your credibility, and the abilities of your rape defense lawyer. Remember, in these cases, confidential or sensitive information is usually exchanged, which means you must stay honest and ensure the facts are brought to light.

Hiring a reputable criminal defense attorney with the skills needed to find inconsistencies in the story told by the alleged victim, regardless of how small they may be, is essential to help build your defense. An attorney can work for you to ensure your side of the story is considered in court. They will also challenge the credibility of witnesses who are giving testimony that is being held against you.

It is also wise to have an attorney who fully understands the types of complex and technical evidence often used in the circumstances involving unwanted sexual contact. If convicted, you will be viewed as a sex offender and have a permanent criminal record. This means the attorney you hire for help with charges of second degree criminal sexual conduct is crucial to the outcome of your case. Learn what to look for in a criminal defense lawyer here.

Understanding the Legal Terms Related to Second Degree Sexual Conduct Charges

There are some legal terms that you will hear in cases involving criminal sexual conduct. Learn more about these here.

Sexual Contact Defined

In the state of Michigan, the term “sexual contact” refers to sexual touching for purposes of sexual gratification (as mentioned above). The parts of the body that are considered in cases of unwanted sexual contact include touching the groin, breast, genital area, buttock, inner thigh, or any clothing covering these areas. Learn more about what is offensive touching here.

It is worth noting that sexual contact also means someone making another person touch those parts of their body.

Force or Coercion Defined

Force or coercion in Michigan can apply to the following situations:

• When the perpetrator overcomes the victim via force or violence
• When the perpetrator coerces the alleged victim to engage in some type of sexual act (excluding sexual penetration) by threatening violence or force
• When the perpetrator coerces the victim to engage in some sexual act by threatening to retaliate against the victim if they don’t
• When the perpetrator engages in the medical treatment or examination of a victim for purposes that are considered unacceptable or unethical
• When the perpetrator, by the element of surprise or concealment, overcomes a victim

Personal Injury in CSC 2nd Degree

The term “personal injury” is broad. It can mean mental anguish or physical injury. Mental anguish includes things like sobbing, crying, and needing therapy to get through the event. Physical injury includes things like welts, scratches, or bruises.

It is necessary for there to be evidence that some level of personal injury has occurred. This means if the evidence presented of a personal injury has been contested, it could be possible to have the charges against you reduced from second degree criminal sexual conduct to 4th degree sexual assault.

This is not the only way that you can have the charges against you reduced. However, if this happens, and you are charged with fourth degree criminal sexual conduct instead of second degree criminal sexual conduct, the potential consequences can be reduced from 15 years to a maximum sentence of just two years in prison. Also, charges of criminal sexual conduct in the fourth degree are the only sexual contact charge that is a misdemeanor sex crime.

Common Questions About Second Degree Criminal Sexual Conduct Charges

While many of the questions you have about second degree sexual conduct charges are answered above, you may have others when facing such a charge. Here you can find answers to some of the most common questions that are asked about this charge.

Will you be charged with criminal sexual conduct in the second degree with no evidence?

It is possible to be charged with criminal sexual conduct even if there is no concrete evidence against you. The victim’s testimony does not have to be corroborated based on Michigan law – their word and accusations are enough. This means that just taking the stand will give the jury the needed evidence to potentially convict you. The prosecution does not need to show witness testimony or DNA evidence (for example) to prove the allegations against you.

Many clients are shocked about this. However, most convictions for criminal sexual conduct charges are accused based on the testimony of their accuser. You should not assume you will get “off” because this is the only evidence against you.

Will you go to jail if convicted?

In most cases, a conviction for criminal sexual conduct charges will likely result in jail or prison time. If the sentence for your charges is one year or under, then you will go to county jail. However, if circumstances exist in your case to necessitate a prison sentence of over a year, then you will go to a state prison.

CSC 2nd degree is considered a Class C felony when it comes to sentencing guidelines. Usually, the guidelines that have been set will require that you spend at least some time in jail. The amount depends on the case and the factors surrounding it. For example, you may receive more jail time if sexual penetration occurred (this would fall under either CSC 1st degree or CSC 3rd degree), if the victim had a physical disability, and if your attorney could not create reasonable doubt when presenting a defense for your case.

In situations where you have no prior record and the facts about your case were not egregious, six months of jail time is average. However, for situations where you have prior convictions as a sex offender or charges that were considered particularly heinous, you may get a prison sentence of several years.

Building a Case Against Charges of Criminal Sexual Conduct

If you face second degree criminal sexual conduct charges, now is the time to get in touch with a legal professional. The longer you wait to find sexual assault lawyers, the more likely you will be convicted of the crime.

In many cases, you will be registered as a sex offender if you are convicted of this charge. This is something that is going to follow you for the rest of your life.

Being convicted as a sex offender will result in many potential long-term consequences, which include:

• Being unable to live in certain places
• Unable to get certain jobs (for example, working with children)
• Losing custody of your children

The fact is these long-term effects won’t just disappear. For many people, they will stay with them and affect their lives forever. Seeking the assistance from sex offender lawyers early in the process will help you fight the charges against you and avoid these type of long-term consequences.

Contact Our Legal Team for Help with Your Case

Do you need help with your sex crimes case? Are you concerned about your future and freedom? If so, now is the time to contact Attorney Nicole Blank Becker at Blank Law, PC. We will review the facts of your case and help build a solid defense on your behalf.

We offer 24-hour a day, seven-days a week free consultation via phone or text. You can also email us through our website. We are here to help with your 2nd degree criminal sexual conduct charges. However, we need to gather as much information about your case as possible. This will help us build a solid defense for your situation. Call today to learn more.

While your situation may be scary and overwhelming, you don’t have to go through it alone. Our legal team has years of experience helping those accused of sex crimes. We will fight for your rights aggressively to help you achieve the best possible outcome for your case.