CSC 1st Degree Michigan Penalty

The penalties for Michigan criminal sexual conduct 1st degree (first degree CSC) are life altering.

These penalties range from probation, to a mandatory minimum sentencing of 25 years in prison, all the way to life in prison (learn what is mandatory minimum sentencing here).

Only a top criminal sexual conduct attorney who has done thousands of sex crime cases can properly navigate the serious penalties associated with first degree criminal sexual conduct charges.

Criminal sexual conduct attorney Nicole Blank Becker, a lawyer who has seen, over and over again, what the strict penalties of first degree CSC sexual assault, along with other criminal sexual conduct cases, do to people and their loved ones is ready to fight for you!

Nicole’s knowledge of how to avoid the serious penalties for CSC 1st degree Michigan (and the other Michigan criminal sexual conduct charges – criminal sexual conduct 2nd degree, criminal sexual conduct 3rd degree and criminal sexual conduct 4th degree) will only benefit you and your future.

Nicole’s experience in dealing with all of the possible penalties associated with first degree CSC is part of the arsenal of power that Blank Law, PC brings to the table in order to fiercely fight for you.

The moment you find out, either through someone you know or a call from a detective, that you are being charged/investigated for first degree criminal sexual conduct (or any sex offense) as a suspected sex offender, you must call criminal defense attorney Nicole Blank Becker immediately and schedule your free consultation! (Learn what happens if you don’t talk to a detective here)

CSC 1st Degree Michigan Penalty

MICHIGAN PENALTY FOR: CSC IN THE FIRST DEGREE – ACCUSER IS UNDER 13 YEARS OF AGE

The sex offender penalty for first degree criminal sexual conduct sex crimes, with a person under 13 years of age, is the toughest penalty that exists amongst all of the sex charges in Michigan.

First degree criminal sexual conduct in Michigan not only has a maximum penalty of life in prison, it also carries a mandatory minimum sentencing of 25 years in prison.

The mandatory minimum sentencing of 25 years MUST be served if you plead guilty as a sex offender, plead no contest, or are found guilty in a jury trial of first degree criminal sexual conduct in Michigan – accuser is under 13 years of age (child rape).

The other penalty that you cannot avoid is the requirement of having to register with the Michigan Sex Offender Registry for life.

On top of all of that, another penalty is the fact that you have to wear a tether and be under Michigan lifetime electronic monitoring for the rest of your life.

Due to the severity of the penalties for Michigan first degree criminal sexual conduct, being charged with this sex crime is WORSE than being charged with a murder.

Why? Although crimes like murder carry a maximum penalty of a life sentence, a murder charge does not have a mandatory minimum sentencing requirement or require getting registered at a sex offender registry for life. You do not have to register as a murderer or wear a lifelong tether.

ANOTHER POSSIBLE MICHIGAN PENALTY FOR CSC IN THE FIRST DEGREE – CONSECUTIVE SENTENCING

In Michigan, concurrent sentencing is the norm, and a consecutive sentence may be imposed only if specifically authorized by a statute.

Consecutive sentencing applies when you are either found guilty or plead to more than one Michigan CSC first degree charge that “arises from the same transaction.”

If you have more than one CSC first degree charge, “arising from the same transaction,” it is possible that, on the day of sentencing, the state will request consecutive sentencing.

What that means is, instead of being sentenced for each individual count and then serving your time in prison for all of them at the same time (commonly known as concurrent sentencing), you will be sentenced for each individual count, then once you have served your time for one, you will have to serve your time for each additional count of CSC first degree; one after the other.

In sum, consecutive sentencing means that you would have to serve the penalty given by the Judge for the criminal sexual conduct first degree count first, AND THEN serve the penalty given by the Judge for the other felony. Learn more about concurrent vs. consecutive sentencing here.

Frequently Asked Question about Consecutive Sentencing:

Q: I was found guilty of three counts of CSC in the first degree, but I did not get consecutive sentencing, is that normal?

A: Typically, consecutive sentencing is enforced if the state requests it. While judges can implement consecutive sentencing on their own, they rarely do.

It is important to note that if you decide to take a plea, oftentimes the state will forgo requesting consecutive sentencing because your plea allowed the accuser to avoid the public humiliation of having to testify in open court, etc.

MICHIGAN PENALTY FOR: CSC IN THE FIRST DEGREE – ACCUSER IS 13–15 YEARS OLD AND…

• You are a member of the same household
• You are related to the accuser by blood or affinity to the fourth degree

Q: What if my child is adopted, am I “related” for purposes of this charge?

 A: Yes. In Michigan, an adopted child is treated the same as a biological child for purposes of criminal sexual conduct charges (CSC degrees)

• You are in a position of authority over the accuser and you used this authority to coerce him/her to submit (force or coercion)

Q:  I was working as a masseuse and I barely swiped my finger in her anus. Is that enough to be charged with criminal sexual conduct in the first degree?

A:   Yes. In Michigan, as a masseuse you are considered to be in a position of authority.

• You are a teacher (teacher sexual misconduct)
• You are an employee

If any of the facts above apply to your case AND the person is 13 thru 15 years old, the maximum penalty is life in prison.

Note: there is NO mandatory minimum sentencing for this charge.

MICHIGAN PENALTY FOR: CSC IN THE FIRST DEGREE – DURING THE COMMISSION OF ANY OTHER FELONY

If sexual assault or what is sexual penetration occurs and you committed another felony at the same time,  you will be charged with criminal sexual conduct in the 1st degree.

As long as the felony was a separate and distinct offense from the completed act of sexual penetration or sexual assault, it is perfectly legal to charge you with both the felony committed and criminal sexual conduct 1st degree.

The penalty is a life sentence.

Note: there is NO mandatory minimum sentencing for this charge.

MICHIGAN PENALTY FOR: CSC IN THE FIRST DEGREE – SEXUAL PENETRATION CAUSED PERSONAL INJURY OR “FORCE OR COERCION” IS USED TO ACCOMPLISH SEXUAL PENETRATION

If you cause personal injury to the complainant and this was done through force or coercion, the maximum penalty is a life sentence (learn what does force or coercion mean here).

Note: there is NO mandatory minimum sentencing for this charge.

MICHIGAN PENALTY FOR: CSC IN THE FIRST DEGREE – SEXUAL PENETRATION CAUSED PERSONAL INJURY AND YOU KNOW THE ACCUSER IS MENTALLY INCAPABLE, PHYSICALLY HELPLESS, OR MENTALLY INCAPACITATED

The following are the legal definitions that apply:

• Mental illness means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
• Mentally disabled means that a person has a mental illness, is intellectually disabled, or has a developmental disability.
• 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.

The penalty is a life sentence.

Note: there is NO mandatory minimum sentencing for this charge.

MICHIGAN PENALTY FOR: CSC IN THE FIRST DEGREE – THE ACCUSER IS MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS AND ANY OF THE FOLLOWING APPLY TO THE CIRCUMSTANCES

• You are related to the accused by blood or affinity to the fourth degree
• You are in a position of authority over the accuser and used this authority to coerce him/her to submit

The penalty is a life sentence.

Note: there is NO mandatory minimum sentencing for this charge.

The sooner you call Attorney Nicole Blank Becker and get her involved, the better your outcome will be. Call Blank Law, PC today at (248) 515-6583 for your free consultation.