Michigan First Degree Criminal Sexual Conduct Defense Attorneys

Being accused of first-degree criminal sexual conduct in Michigan is an overwhelming and life-changing event. The stakes could not be higher, as the penalties for a conviction can include a lengthy prison sentence, sex offender registration, severe restrictions on personal freedom, and enduring societal stigma. At Blank Law, PC, led by Nicole Blank Becker, our criminal sexual conduct first-degree attorneys understand the importance of navigating these charges with precision, expertise, and compassion. Nicole Blank Becker is a former Chief of the Sex Crimes Unit and has devoted her career to criminal defense, specifically focusing on sex crimes cases. With years of experience handling jury trials, negotiating plea agreements, reviewing warrants, and understanding the underlying nuances of sex crime allegations, Nicole offers the knowledgeable representation you need during this difficult time.

Understanding MCL 750.520b

Michigan’s statutory framework for Criminal Sexual Conduct (CSC) is outlined in the Michigan Penal Code. The specific provision defining First Degree Criminal Sexual Conduct (CSC I) is MCL 750.520b. This statute addresses various circumstances under which an individual can be charged with CSC in the first degree, most notably scenarios involving sexual penetration. While there are four distinct degrees of criminal sexual conduct, CSC I is typically regarded as the most severe due to the allegation or evidence of penetration, combined with certain specific aggravating factors.

In general terms, MCL 750.520b criminalizes any instance in which a person engages in sexual penetration with another individual under circumstances that meet one or more of the criteria outlined in the statute. It includes situations where the alleged victim is below the age of 13, is between 13 and 15 years old under certain conditions (such as a familial relationship or other exceptional circumstances), or where physical force or coercion is involved along with personal injury. Even the slightest penetration can give rise to a CSC I charge.

Penetration vs. Contact

The key distinction that separates first-degree CSC from second-degree CSC revolves around sexual penetration as opposed to mere sexual contact. Penetration in this context is defined very broadly under Michigan law. According to the legal definition, any intrusion constitutes penetration, no matter how slight. This can include a finger, tongue, genital organ, or any part of the body, or an object entering the mouth, genital opening, or anal opening of another person. When the alleged victim is under the age of 13 or if force or coercion is alleged, the situation becomes far more serious from a legal standpoint.

Why “Mistake of Age” is Never a Defense

Michigan law does not allow a defense based on a genuine belief—or an alleged victim’s false assertion—regarding the victim’s age. Even if an individual believed the person was above the age of consent or was misled by the alleged victim’s statements or appearance, the law explicitly prohibits relying on this misunderstanding as a defense. Mistake of age can never be presented to a jury as a valid defense when the charge is first-degree CSC involving a minor. This zero-tolerance approach underscores the seriousness with which Michigan courts treat allegations involving minors.

Age as a Determinant Factor

One of the most critical elements in a first-degree CSC charge involves determining the alleged victim’s age at the time of the incident. The difference between a charge for CSC I, CSC II, CSC III, or CSC IV often revolves around both the presence or absence of penetration and the age of the alleged victim. When the victim is below the age of 13, the statute imposes the possibility of a mandatory minimum sentence of 25 years if certain conditions are met. When the alleged victim is between the ages of 13 and 15, the specifics of the relationship (for instance, a family member, teacher, coach, or another individual in a position of authority) can determine whether first-degree charges will apply. The prosecution is not required to prove the exact date of the incident for age-based CSC charges, though they must show the alleged victim was under the relevant age threshold during the time frame alleged.

Prosecutorial Discretion and Multiple Counts

A single night of alleged sexual activity can lead to multiple counts of first-degree CSC. Because each alleged act of penetration can be charged as a separate offense, an individual might be facing multiple counts, each punishable by up to life in prison, stemming from a single incident. Though prosecutors sometimes choose not to charge each individual act in practice, the possibility of multiple charges can be daunting. If charged and convicted of various counts, the defendant may face the risk of consecutive sentencing, in which separate sentences are served one after another rather than concurrently.

Michigan Model Criminal Jury Instructions

If your case proceeds to trial, the jury’s understanding of the law is shaped by the Michigan Model Criminal Jury Instructions. These instructions guide the jury in applying legal definitions and standards for first-degree criminal sexual conduct. They explain the elements the prosecution must prove beyond a reasonable doubt, emphasizing the requirement of sexual penetration, any special age conditions, and whether force or coercion was used. In addition, these instructions are designed to make clear that the prosecution is not required to prove the exact date or time of the alleged incident, only that it occurred within the timeframe alleged and that the elements of the offense have been met.

The Jury Instructions also clarify that any intrusion, no matter how slight, is enough to establish penetration. Juries are reminded that a victim’s inability to pinpoint the exact day or time does not necessarily diminish their credibility or the likelihood of conviction, especially when the alleged victim is a minor and the question primarily revolves around whether penetration occurred and if the defendant was the individual who committed it.

Sentencing for First-Degree CSC

A conviction for first-degree CSC can carry a sentence of up to life in prison or any term of years. Under certain circumstances, the law imposes mandatory minimum sentences. When the alleged victim is under the age of 13, and the defendant is 17 years old or older, a 25-year minimum sentence may apply. Moreover, first-degree CSC can also come with lifetime electronic monitoring for individuals released from prison, depending on the victim’s age and the nature of the act. These stringent sentencing guidelines reflect the gravity with which Michigan’s justice system treats offenses involving minors and sexual penetration.

Judges in Michigan consider the advisory sentencing guidelines, which take into account the nature of the crime, the defendant’s criminal history, and other relevant factors, including the presence of physical injuries or specific vulnerabilities of the alleged victim. The potential for consecutive sentencing also exists when multiple convictions arise from the same or related incidents. This means that sentences for each conviction may be served one after the other rather than simultaneously, drastically increasing the total period of incarceration.

Additional Consequences Facing CSC-I in Michigan

Beyond the immediate risk of incarceration, individuals convicted of CSC I face other long-term repercussions. Upon release, there may be lifetime electronic monitoring and registration on the Michigan Sex Offender Registry. This registry requirement can severely limit housing, employment opportunities, and freedom to travel. The social stigma associated with a sex crime conviction also creates barriers to re-entering the community. Even family relationships, custody, and visitation rights may be profoundly affected.

Defense Strategies and the Importance of Legal Representation

Defending a first-degree CSC charge is an intricate process requiring in-depth knowledge of both the applicable statutes and the courtroom procedures surrounding sex crimes. While a mistake of age, as mentioned, is never a valid defense, other viable defenses may apply depending on the facts of your case. These can include challenging the credibility of witness statements, presenting an alibi, or questioning the forensic interview process and the quality of the investigation. Alleged victims sometimes recant or provide inconsistent accounts, and children in particular can be vulnerable to suggestion during interviews conducted by law enforcement or advocacy centers.

One vital aspect of the investigative process in child-related CSC charges is the forensic interview, typically at a Child Advocacy Center such as Care House or Kids Talk. During this interview, a trained professional speaks with the child to gather information about the alleged incidents without leading or coercing the child’s account. If a child does not disclose penetration in that interview, it can be difficult for the state to move forward with a first-degree CSC charge. Conversely, any mention of penetration during this interview can form the core evidence the prosecution needs.

Regardless of the specific facts in a given case, having an attorney who thoroughly understands how these interviews are conducted, how police reports are generated, and how prosecutorial decisions are made is crucial. That is why Blank Law, PC, led by Nicole Blank Becker, leverages extensive experience in reviewing warrants, presenting cases to juries, and negotiating plea deals when it is in the client’s best interests to do so. A strategic negotiation can sometimes reduce the charges, lessen the potential sentence, or even eliminate the risk of mandatory minimums. Accepting or rejecting a plea offer in a first-degree CSC case should never be made lightly. It must be informed by experience, legal knowledge, and a precise evaluation of the potential risks.

Nicole Blank Becker’s Experience as a Former Prosecutor

Before dedicating herself to the defense of individuals accused of sex crimes, Nicole Blank Becker served as the Chief of the Sex Crimes Unit. In that role, she gained invaluable insight into how prosecutors build cases, what factors affect charging decisions, and which strategies are most effective in persuading a jury. That background is instrumental in crafting a legal defense anticipating the prosecution’s moves. From dissecting forensic interview transcripts to identifying investigative oversights and challenging the legality of search warrants, Nicole comprehensively understands the many components of a CSC case.

Her career as a prosecutor and a defense attorney has honed her ability to negotiate favorable plea deals for clients when that is the optimal path. At the same time, if a case must go to trial, her courtroom experience allows her to advocate forcefully for her clients, challenging the state’s evidence at every turn. This combination of negotiation acumen, trial advocacy, and a nuanced understanding of CSC statutes has made countless clients feel confident in entrusting their legal defense to Nicole and Blank Law, PC.

How Blank Law, PC Can Help

A successful defense begins as early as possible, ideally even before formal charges are filed. If the police call you in for questioning or request that you demonstrate or trace your hand movements—perhaps to gauge how far a finger may have penetrated—remember that anything you say or do can be used against you. Contacting an attorney immediately is wise rather than complying with investigative tactics designed to bolster the prosecution’s case.

Blank Law, PC knows how to respond effectively to each stage of a criminal investigation, from the initial forensic interview to the moment you are notified of charges. Every case is different, and our approach is tailored to the specific allegations, the individual facts, and the client’s goals. Sometimes, negotiating a resolution that avoids the harshest penalties might be the most prudent course. Other times, an aggressive defense at trial is the only way to secure a just outcome. Regardless of the approach, our team is dedicated to upholding the highest standards of professionalism, maintaining confidentiality, and championing your constitutional rights.

What to Do If You Are Being Investigated or Charged

The first step is to seek legal counsel immediately. Early intervention can influence whether charges are filed and can shape the negotiation process if charges are inevitable. Avoid speaking with law enforcement without an attorney present. Refrain from social media posts or online communications that could be interpreted as incriminating. Do not attempt to contact the alleged victim or potential witnesses directly. Such attempts can lead to allegations of witness tampering or obstruction.

Contact Blank Law, PC, so we can begin crafting your defense strategy. Our thorough approach includes investigating the circumstances of the allegations, reviewing all documents and digital evidence, assessing forensic interview records, and examining whether investigative procedures followed best practices. We also explore potential legal flaws in how evidence was collected, whether search warrants were validly issued, and whether your rights were violated at any stage.

Moving Forward With Your Defense of CSC-I

If you or someone you know is confronted with allegations of first-degree criminal sexual conduct, do not wait. Time can be your ally, but only if you act promptly and secure representation with experience in this highly specialized area of law. Nicole Blank Becker and the team at Blank Law, PC are here to provide that representation. Our priority is protecting your rights, future, and reputation. We understand your burdens and the complexity of first-degree CSC charges under MCL 750.520b. Your case deserves meticulous attention, thorough investigation, and advocacy guided by years of prosecutorial and defense experience.

We encourage you to contact us so we can assess your situation, discuss potential defenses, and map out the best possible approach. Whether through strategic negotiations or trial advocacy, Nicole Blank Becker’s past role as a prosecutor provides a unique perspective on how to effectively challenge the state’s case. From the first phone call to resolving your matter, Blank Law, PC will stand by your side, fighting for the most favorable outcome achievable under Michigan law.