Michigan Criminal Sexual Conduct 3rd Degree Lawyers

At Blank Law, PC in Michigan, our criminal sexual conduct 3rd 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 sex crimes lawyers, our team specializes in cases involving criminal sexual conduct in the third degree. We understand the gravity of the accusations and the profound impact they can have on your life.

As prior prosecutors and former Chiefs of the Sexual Assault Unit in two different Michigan counties with 40+ years of experience with meticulous attention to detail and a deep understanding of Michigan’s legal landscape, our CSC Third-degree lawyers tirelessly fight to protect your rights and ensure a fair trial. 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 third degree is the second harshest charge that exists when it comes to sex crimes.

One of the penalties for being charged with CSC third-degree is that it requires mandatory minimum sentencing of one year. Oftentimes, people refer to the charge of CSC third Degree as “Statutory Rape.”

Criminal sexual conduct in the third degree, like first-degree criminal sexual conduct, requires sexual penetration/sexual battery.

If there is no sexual penetration/sexual battery claim of any kind by the accuser, then criminal sexual conduct in the third degree does not apply.

Michigan CSC in the Third Degree Penalties

The penalties for criminal sexual conduct in the third degree are severe and life-altering. Penalties for CSC in the third degree carry the second highest penalties within the Michigan criminal sexual conduct category.

If the minor is between the ages of 13-15, you will be charged with criminal sexual conduct third degree, you will be subject to a maximum penalty of 15 years in prison, AND be subject to mandatory minimum sentencing of one year in prison.

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 (statutory rape)
• You have sexual relations involving sexual penetration with another adult, and that other person claims the sexual act was non-consensual (rape), learn what non-consensual sex means here
• 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, a 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 – see Michigan lifetime electronic monitoring

● You will be required to register on the Michigan Sex Offender Registry

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

Below is the legal definition of criminal sexual conduct third degree as defined under 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:

Breaking Down the Requirements for CSC 3rd Degree:

● Force or coercion

● Mentally incapable

● Mentally incapacitated

● Physically helpless

Force or coercion: When the actor overcomes the victim through the actual application of physical aggravated force or physical violence;

When the actor coerces the victim to submit by threatening to use aggravated force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats;

When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor can execute this threat.

• “Retaliate” includes threats of physical punishment, kidnapping, or extortion;

When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable;

When the actor, through concealment or by the element of surprise, can overcome the victim.

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.

Physically helpless: means that a person is unconscious, asleep, or for any other reason is physically unable to communicate unwillingness to an act.

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

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

Defenses for criminal sexual conduct in the third degree do exist.

Legally, several different defenses can be used and successfully argued.

When first meeting with our CSC third-degree lawyers, they will spend a lot of time with you understanding all the details of your case. Once they are confident that they have enough information, they will immediately begin formulating your defense.

To present the best defense for your case, you need someone who solely focuses on sex crimes, which is all Blank Law, PC does.

Remember, an accusation is just that, an accusation. The rest of the story needs to be filled in. Our law firm has the skills and experience to do just that.

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 frustrating part about being accused of rape is that an accusation is all the state needs to move forward to charge you with CSC 3rd degree, and ultimately go to jury trial.

No other witness or evidence needs to be presented by the accuser to show that he/she did NOT consent to sexual relations with you.

You can be charged and/or found guilty of CSC 3rd degree solely based on the accuser’s word alone.

This is why it is crucial to hire our law firm to fight for you. Due to our long history of being involved with just sexual crimes, day and night, we can come up with defenses to third-degree criminal sexual conduct in our sleep.

We know what to look for and how to undo any false accusations.

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.

IS THERE A WAY TO HAVE A CHARGE OF CSC 3RD DEGREE NOT GO ON MY RECORD?

Yes. 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).

HYTA

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.

Additionally, to get 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 us now for a free, confidential consultation.