4th degree criminal sexual conduct is a high misdemeanor/low felony, punishable by imprisonment for not more than two years, a fine of not more than $500, or both.
CSC 4th Degree Michigan Penalty
Typically, probation is a common outcome. Additionally, you will be required to register as a sex offender with the Michigan Sex Offender Registry. Whether that information is seen by the public depends on the age of the alleged victim.
Tier 1 Offender
When it comes to the Michigan Sex Offender Registry, if you are charged with fourth degree CSC with an adult, you will be a tier 1 level, and have to register for 15 years.
Tier 2 Offender
If you are charged with 4th degree criminal sexual conduct with a child between the ages of 13-17, you will be a tier 2 level, and have to register for 25 years.
Tier 3 Offender
If you are charged with CSC 4th degree with a child under the age of 13, you will be a tier 3 level, and have to register for life.
Only a Michigan criminal defense lawyer, like attorney Nicole Blank Becker, who has done thousands of sexual contact, sexual assault and criminal sexual conduct cases can properly navigate such a serious felony offense charge of sexual contact in order to get you the best results that you, or a person you know, deserve.
Breaking Down the Requirements for CSC 4th Degree:
Sexual contact: includes the intentional unwanted sexual touching of the accuser’s or your intimate parts, or the intentional touching of the clothing covering the immediate area of the alleged victim or your intimate parts, if that intentional touching can, without reasonable doubt, be construed as being for the purpose of sexual arousal or sexual gratification, done for a sexual purpose, or in a sexual manner for revenge, to inflict humiliation, or out of anger.
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
Mentally disabled: means that a person has a mental illness, is intellectually disabled, or has a developmental disability.
Physically helpless: means that a person is unconscious, asleep, or for any other reason has a physical disability that makes them unable to communicate their unwillingness to an act.
Force or coercion: Is when you overcome the accuser through the actual application of physical force or physical violence;
When you coerce the accuser to submit to you by threatening to use force or violence on the accuser, and the alleged victim believes that you have the present ability to execute these threats;
When you coerce the accuser to submit by threatening to retaliate in the future against the accuser, or any other person, and the accuser believes that the actor has the ability to execute this threat.
● “Retaliate” includes threats of physical punishment, kidnapping, or extortion;
When the actor engages in the medical treatment or examination of the accuser 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, is able to overcome the accuser.
Personal injury: means bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.
Please Note: Criminal sexual conduct fourth degree has to do with illegal sexual contact. Much harsher penalties, such as CSC first degree and CSC third degree, and can be enforced when sexual penetration is involved.
Hire Nicole Blank Becker
Sexual assault, which is commonly referred to as rape, based on non-consensual sexual contact, is often asserted by the accuser making the sex crime allegations.
When a charge of non-consensual sexual assault/sexual contact occurs, it does not require any witnesses. The state can proceed forward, even without any other evidence other than the accuser’s accusations.
This means you can face a two year felony just based on one person’s word.
This is why you need to seek legal advice from a Michigan criminal sexual conduct defense lawyer who is beyond familiar with handling 4th degree criminal sexual conduct charges. You need the experience and knowledge of attorney Nicole Blank Becker, who can run circles around the competition.
Having had been the Chief of the Sex Crimes Unit, Nicole knows about the penalties for a CSC 4th degree charge and how to get the best outcome for you.
Nicole also prides herself on keeping a great attorney-client relationship, and all confidential or sensitive information that you say to her remains 100% confidential.
While fourth degree criminal sexual conduct is a two year misdemeanor crime, the criminal justice system treats it as if it is a felony. Meaning, typically a misdemeanor charge is handled only at the district court level, while a felony charge is handled first at the district court level and then it is completed at the circuit court level.
Criminal sexual conduct fourth degree charges begin at the district court level, and must be completed at the circuit court level.
Under Michigan law, criminal sexual conduct in the fourth degree is considered a high misdemeanor/low felony.
If you are facing a 4th degree criminal sexual conduct charge, you are entitled to have a preliminary examination at the district court level.
If your case is not dismissed at the preliminary exam, which is held at the district court level, your case will proceed to the circuit court level.
While the legal justice system allows you to plead guilty or no contest to criminal sexual conduct fourth degree at the district court level, you still have to go to the circuit court level in order to be sentenced.
Additionally, a jury trial for a criminal sexual conduct in the 4th degree charge will be handled at the circuit court level. So, if you are charged with criminal sexual conduct in the 4th degree, be prepared to go to both the district court level and the circuit court level, no matter what.
One way to avoid having to go to the circuit court level is by getting a skilled attorney to successfully have your case dismissed at the district court level.
Another way is to get the state to agree to allow a plea to a lesser charge. For example, if you plead to “attempt” criminal sexual conduct in the fourth degree, you would NOT have to go to the circuit court.
Instead, what was once a two year high misdemeanor/low felony, is now a one year misdemeanor. Therefore, you could remain at the district court level and be sentenced there, instead of facing the full CSC 4th degree Michigan penalty.
Don’t hesitate! Don’t wait! If you have been accused or charged of a criminal sexual conduct sex crime, reach out to us today via text message, contact form, email, or phone call today for your free consultation!
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