CSC 2nd Degree Michigan: What You Need to Know
If you face allegations of 2nd degree criminal sexual conduct, it is important to learn about the charge and what may happen if you are convicted. In the state of Michigan, there are over 1,000 2nd degree criminal sexual conduct offenses reported annually.
Unfortunately, there are cases filed against innocent people accused by a vindictive spouse or partner or someone just looking for money. Regardless of your situation, if you are facing criminal sexual conduct charges, you need to hire a criminal defense lawyer right away.
CSC 2nd Degree Michigan
You want to avoid having any type of criminal sexual conduct charge on your record. With our legal services, we can represent clients in all stages of the legal process. Keep reading to learn more about the evidence that the prosecution must have to prove this charge and the potential penalties you face if you are convicted of 2nd degree criminal sexual conduct.
Second Degree CSC is a Serious Felony Offense
If you are charged with criminal sexual conduct 2nd degree, it is considered a felony offense and involves sexual contact with certain aggravating circumstances. Sexual conduct contact offenses are charged as either CSC 4th degree or 2nd degree.
If you are charged with criminal sexual conduct 4th degree, it is a misdemeanor sex crime and comes with a maximum jail sentence of two years (see CSC 4th degree Michigan penalty). Due to its consequences, this charge is significantly less serious than 2nd degree criminal sexual conduct.
For the prosecuting attorney to increase the sexual contact charge from fourth degree to second degree, there must be some type of aggravating factors. Examples of aggravating factors are the following circumstances:
- Physical force was used in the sexual assault
- Coercion or manipulation was involved in the sex crimes
- The alleged victim experienced a personal injury because of the sex crime
What Do Force and Coercion Mean in Second Degree CSC Charges?
Force and coercion are elements that, if the prosecution proves occurred, combined with a personal injury to the victim, then a second degree CSC charge can be filed. In this case, the charge is no longer a misdemeanor.
There are a few definitions the prosecution will use to satisfy the elements of force or coercion. Some of these relate to using force and overpowering the alleged victim, while others describe using a position of power or authority to pressure the person so they comply. However, based on a ruling from the Michigan Supreme Court, force and coercion do not have to mean overcoming the victim physically. There can be situations where threats and intimidation may just be words used by the perpetrator.
The next definitions apply to someone who threatens physical force immediately or in the future, and the victim believes they can carry out those threats. An example is if someone threatens to retaliate against the victim’s family in the future if they say anything about the unwanted sexual touching, sexual assault, or other sex crimes committed.
Another definition to describe second degree criminal sexual conduct is when the alleged perpetrator uses surprise or concealment to overcome the victim. Using a disguise to fool a victim into thinking you are someone else is enough to satisfy the coercion element by concealment.
In cases where someone engages in medical examination or medical treatment for an unacceptable or unethical purpose, it could be considered coercion, and the perpetrator would face second degree criminal sexual conduct charges.
What is Considered Second Degree Criminal Sexual Conduct?
In Michigan, a second degree criminal sexual conduct charge involves intentional touching with the purpose of sexual gratification or in a sexual manner with the purpose of humiliating the other person or because of anger or the need for revenge.
Most people involved in second degree criminal sexual conduct cases are those who are in power, such as an employee-employer or teacher-student relationship (see: teacher sexual misconduct).
According to Michigan statutes, you can face these charges when you are suspected of any type of sexual contact with the following individuals:
- Any child under the age of 13
- A child between the ages of 13 and 16 who lives in the same household, is a relative to the fourth degree, or whom you have authority over to coerce sexual contact
- A student in a school district or school where you work as a volunteer, teacher, contractor, substitute teacher, employee, or administrator
- A resident at a foster family group home, private home, or childcare facility where you work as a volunteer, employee, or contractor
- A person with a mental or physical disability who is related to you to the fourth degree, whom you have authority over, or who is monitored by the Department of Corrections, and you use your position of authority to coerce the sexual contact
- Anyone who is in the jurisdiction of the DOC while you are a volunteer, contractor, or employee of the department
- Any inmate who is waiting for a hearing or trial and you are working as a volunteer, contractor, or employee
Other circumstances involving force or weapons may also be charged as criminal sexual conduct 2nd degree. These include:
- Sexual assault or contact that occurs while you commit another felony
- Sexual contact where you receive help from one or more people, use coercion or force, or if the victim was physically helpless or mentally incapacitated
- Sexual touching or contact when you had a weapon or something the victim believed was a weapon
- Any sexual encounter that results in an injury to the victim
- Sexual contact that causes an injury to a victim whom you know has a mental or physical disability
Potential Penalties if You are Convicted of Second Degree Criminal Sexual Conduct
In Michigan, you need to hire an experienced criminal sexual conduct attorney immediately if you are accused of this crime. Their job is to create reasonable doubt that the crime did not happen, which can help you avoid a felony conviction.
If you go through the criminal justice system process and you are convicted of sex crimes involving sexual penetration or another type of sexual assault, such a charge carries a prison sentence of up to 15 years. If the alleged victim was under 13 and you were 17 or older, you will face the consequence of Michigan lifetime electronic monitoring. This conviction will also go on your permanent criminal record, which means that it may impact where you can live, work, and other aspects of your life.
Upon conviction, you will also be registered as a sex offender on the Michigan Sex Offender Registry. This can also result in consequences for the remainder of your life. In some cases, you can even lose custody of your children if you are registered as a sex offender.
Based on Michigan law, you may also face habitual offender sentencing enhancements, which is true for any sexual assault cases or when sexual contact occurs. With this, it means that you may face additional sentencing that includes a minimum of five years in prison for any additional sex crime convictions. Additionally, if you have prior convictions for gross indecency, indecent exposure, statutory rape, or other charges involving a victim with a physical disability or a mentally incapable victim, you could encounter habitual offender sentencing enhancements. See CSC 2nd degree Michigan penalty for more details.
What Should You Do if You are Facing Second Degree Criminal Sexual Conduct Charges in Michigan?
Sometimes, cases of criminal sexual conduct are extremely emotionally charged. This is often because they bring out confidential and sensitive information. In many of these cases, it is the word of the defendant against the plaintiff, and it is challenging to unravel the truth and lies in each person’s story.
This is just one reason that you need to hire an experienced sex crimes defense lawyer and develop an attorney-client relationship. With a rape defense attorney, you have someone defending your rights throughout the criminal process.
When facing criminal charges, they rely on reasonable doubt. The prosecution must prove you are guilty of the crime you have been accused of. It is not your job or your attorney’s job to prove you are innocent. Instead, your CSC defense attorney will use the tools, resources, and experience they have to discredit the story told by the prosecution, which includes expert testimony and evidence. They will also look for inconsistencies that will challenge the prosecution‘s credibility and the credibility of the witnesses they call to the stand. Reputable sex offender lawyers can also challenge any physical evidence presented, such as DNA tests, which are often considered unreliable or contaminated.
With a reputable attorney, you can establish a strong defense for all sexual contact charges, including those against someone with a mental or physical disability and other circumstances.
Contact Nicole Blank Becker Today for Help with Your Criminal Charges
Are you facing allegations or criminal charges related to a sex crime? If so, contact Attorney Nicole Blank Becker, who offers free consultations to all clients.
You can reach Blank Law, PC by calling or texting (248) 515-6583. You can also email the legal team through the law firm’s website. During the free consultation, your attorney can learn about your case and situation and begin building viable sexual assault defense strategies to help you with your situation. Don’t wait to call!