Michigan Fourth Degree Criminal Sexual Conduct Defense Attorneys

Anyone facing a criminal sexual conduct charge in Michigan knows how overwhelming, frightening, and life-altering it can be. Even though fourth-degree criminal sexual conduct (CSC 4) is often considered the “least severe” among the four degrees of CSC, it is still a serious criminal offense with the potential for lasting consequences. A conviction could impact your personal life, professional reputation, and future opportunities. At Blank Law, PC, led by attorney Nicole Blank Becker, you will find dedicated and experienced legal counsel focused on achieving the best possible outcome in your case. Contact our CSC-IV degree defense attorneys in Michigan for a free consultation now.

Attorney Nicole Blank Becker has extensive experience handling sex crime charges, including time spent as a prosecutor. This background grants her an invaluable perspective on how prosecutors build and present cases, enabling her to strategize an effective and proactive defense on behalf of those accused of criminal sexual conduct. If you or a loved one has been charged with fourth-degree criminal sexual conduct in Michigan, or if you are under investigation, understanding the law, your rights, and your possible defenses is paramount.

Understanding Fourth Degree Criminal Sexual Conduct

Fourth-degree criminal sexual conduct in Michigan involves sexual contact that is unwanted or non-consensual. Under Michigan law, sexual contact can occur either over or under a victim’s clothing; it can include touching any “intimate part” of another person’s body, such as the genital area, groin, inner thigh, buttocks, breast, or other private places. Even the use of an object or any part of your own body (fingers, toes, etc.) to make the contact can qualify as sexual contact for criminal prosecution.

Many people mistakenly believe that fourth-degree CSC is a misdemeanor offense. Although sometimes called a “high-court misdemeanor,” it is treated as a felony in Michigan. In other words, a conviction could subject you to up to two years of incarceration, significant fines, and registration as a sex offender. Such penalties can devastate your personal life and professional standing, creating barriers to employment, education, and housing. With so much on the line, it is crucial to seek representation from a skilled defense attorney like Nicole Blank Becker, who understands the nuances of Michigan’s criminal sexual conduct laws.

Michigan Penal Code MCL 750.520e

The statute governing fourth-degree criminal sexual conduct is found in the Michigan Penal Code at MCL 750.520e. This section defines the various circumstances under which a person can be charged with CSC 4. Those circumstances include, but are not limited to, the following situations:

The alleged victim is at least 13 years old but under 16, and the accused is five or more years older. Force or coercion is used to accomplish sexual contact. The alleged victim is mentally incapable, mentally incapacitated, or physically helpless. An unethical or medically unrecognized examination or treatment is performed by a healthcare professional that involves inappropriate sexual contact.

Although the statute’s wording may seem straightforward, applying the law to criminal cases can be highly complex. Prosecutors will use every tool to prove that the charged individual met one or more conditions in MCL 750.520e. Because the law is broad and can cover a wide range of behavior, even individuals who believed they had consent or had no criminal intent can be charged with CSC 4.

Elements the Prosecution Must Prove CSC-IV

To secure a conviction for fourth-degree criminal sexual conduct, the prosecution must prove beyond a reasonable doubt that the accused intended the contact to be sexual. Additionally, it must be shown that the alleged victim did not consent or could not consent under the circumstances. If force or coercion is alleged, the prosecution must also demonstrate that the accused used physical force, threats, or other forms of intimidation to accomplish the sexual contact. If the victim’s age is relevant, evidence (such as birth records or testimony) must establish that the victim was within the specified age range and that the accused met the age difference requirement.

Jury Instructions for Fourth Degree CSC

Michigan’s Model Criminal Jury Instructions for criminal sexual conduct charges provide guidelines for judges and juries to follow in deciding whether a defendant is guilty or not guilty. These jury instructions break down the elements of the offense into specific questions jurors must answer. They define key terms, clarify what constitutes consent, and explain how jurors are to determine whether the prosecution met its burden of proof.

Judges use these standardized instructions, which might be labeled M Crim JI 20.13, 20.14, or similar references, to guide a jury’s decision. The instructions detail, in plain language, the necessary findings to return a guilty verdict:

Whether the accused intentionally touched the alleged victim’s intimate parts or the clothing covering those parts. Whether the alleged touching could be construed as sexual. Whether the alleged victim consented to the sexual contact or was incapacitated, coerced, or otherwise unable to consent. Whether the age difference meets the statutory requirements, if the alleged victim is between 13 and 16 years old.

Jury instructions can be pivotal in any CSC 4 case. You may be found not guilty if your defense attorney can show that the prosecution did not meet each element or that a vital instruction supports your version of events.

Penalties and Sentencing for Fourth Degree Criminal Sexual Conduct

Although fourth-degree CSC is sometimes called a high-court misdemeanor, Michigan law treats it much like a felony. A conviction can result in up to two years in prison, substantial fines (typically up to $2,000), or both. Sentences often include a term of probation, during which you will be under supervision and required to comply with conditions set by the court. Those conditions might consist of mandatory counseling, restrictions on travel, limitations on computer and internet use, and no contact with the alleged victim.

Another serious implication of a conviction is the requirement to register as a sex offender. The Michigan Sex Offender Registry can have severe, far-reaching consequences, often affecting employment prospects, housing opportunities, and community reputation. Many employers and landlords conduct routine background checks, and being on the registry can make your personal information publicly accessible. This long-term impact is one of the most critical reasons to take a fourth-degree CSC charge seriously.

Collateral Consequences of a Fourth Degree CSC Conviction

A fourth-degree CSC conviction can trigger other significant life disruptions beyond prison time and fines. You may lose eligibility for specific professional licenses, which can be devastating if you work in fields like education, healthcare, or finance. Travel restrictions, especially international travel, have become more complicated. Many countries deny entry to individuals with sex offense convictions, making routine vacations or business trips difficult or impossible.

Your relationships can also suffer. A conviction of any degree of criminal sexual conduct can strain family dynamics, friendships, and community ties. You may be socially isolated, stigmatized, and struggling to rebuild trust. Because CSC 4 often involves allegations of non-consensual touching, the emotional repercussions can be intense for both the accused and the alleged victim.

Defenses in Fourth Degree CSC Cases

Consent is one of the most commonly invoked defenses in CSC 4 cases. If the accused can establish that the alleged victim willingly consented to the sexual contact, this can negate an essential element of the prosecution’s case. In many instances, these cases boil down to the accuser’s word versus the accused’s, so having an experienced defense attorney to challenge the credibility of witnesses, collect supporting evidence, and present a cohesive narrative is crucial.

Mistaken identity, lack of intent, or lack of knowledge that the other person was incapacitated can also be central to a valid defense. Sometimes, individuals are falsely accused by someone seeking revenge, leverage in a child custody battle, or attention. In these instances, dismantling the accuser’s credibility through thorough investigation and cross-examination is vital.

If age is a factor in your charges, establishing that you reasonably believed the alleged victim was older than 16 might help if there is evidence you took steps to verify their age or if the suspected victim misrepresented their age. Every case is different, and so are the potential defenses. This is why discussing your situation in-depth with a lawyer who focuses on sexual assault allegations is essential.

Why Experience Matters: Nicole Blank Becker and Blank Law, PC

Attorney Nicole Blank Becker has devoted her career to handling sex crime cases in Michigan. As a prosecutor, she brings a unique insider’s understanding of how the state builds criminal sexual conduct cases, from police investigations to trial strategy. This experience allows her to anticipate prosecutorial tactics and effectively counter them on your behalf.

Nicole Blank Becker’s deep knowledge of Michigan’s legal system and her familiarity with local courts and judges can be invaluable. She understands that every sex crime case is different and will develop a tailored approach that addresses the specific strengths and weaknesses of the prosecution’s evidence. Whether you are facing accusations related to force or coercion, issues of consent, or alleged contact involving a minor, she will analyze every detail to craft the most vigorous possible defense.

At Blank Law, PC, a legal team is committed to supporting and guiding you. Facing a CSC 4 charge is never easy, and the fear and anxiety associated with these allegations can feel overwhelming. This firm is dedicated to relieving that burden by providing straightforward, transparent communication from when you make contact. You will never be left wondering about the status of your case or the next steps in your defense strategy.

How Early Legal Intervention Can Help

Early legal intervention can profoundly affect the outcome of a criminal case. The sooner you involve a defense attorney, the more time they have to conduct a thorough investigation, gather evidence, and build a comprehensive defense. In some instances, effective advocacy before formal charges are filed might even prevent the case from escalating to court.

Prosecutors and investigators often try to speak with the accused before an attorney is involved, attempting to secure statements or confessions. Without proper legal advice, you may unknowingly incriminate yourself or provide information that the prosecutor can use to build a stronger case against you. With an attorney present, you can exercise your right to remain silent and your right to have legal counsel guide your responses.

Working with someone with experience as a prosecutor and a defense attorney means you benefit from an in-depth understanding of each phase of the process. This broad perspective allows for innovative defenses, strategic plea negotiations where appropriate, and effective trial advocacy if the case proceeds to court.

Preparation for Trial for CSC-IV Degree Charges

A well-prepared defense is key if your case goes to trial. At Blank Law, PC, thorough preparation includes reviewing all police reports, witness statements, forensic evidence, and any digital evidence, such as text messages or social media posts. Your defense team may consult with experts in forensic psychology or digital forensics if those issues are relevant to your case.

As importantly, if necessary, you will be prepared to testify and respond to the prosecutor’s questions. You will learn to communicate effectively in the courtroom and present your story clearly and convincingly to the jury. The prosecution will likely rely on emotional testimony from the alleged victim, especially if the accusations involve a vulnerable person or a minor. Your defense must not only challenge the factual basis of those claims but also do so in a way that respects the jury’s emotions and prevents them from making a decision based solely on sympathy.

Sentencing Considerations

If you are convicted of fourth-degree criminal sexual conduct or if you enter a plea, the judge will evaluate several factors before imposing a sentence. Factors typically considered include prior criminal history, the nature of the offense, the age of the victim, and the presence of any aggravating or mitigating circumstances. In Michigan, courts also follow sentencing guidelines that provide a recommended range based on these variables. However, judges have some discretion to deviate from those guidelines in certain circumstances.

Your defense attorney’s role at sentencing is to present mitigating evidence and arguments that favor a more lenient outcome. This could involve character witnesses, proof of steady employment, or evidence of community involvement. Where appropriate, attorneys can argue for alternatives to incarceration, such as probation, community service, or mandated counseling. The ultimate goal is to minimize the long-term consequences and allow you to move forward with your life.

Moving Forward and Protecting Your Future from CSC-IV Degree Charges

Even an allegation of criminal sexual conduct can disrupt your life, particularly if it becomes public knowledge. Proactive legal representation ensures your rights are protected throughout the investigation and subsequent court proceedings. At Blank Law, PC, you will receive a defense strategy focused on achieving the best possible resolution, be that a dismissal, reduction of charges, or a not guilty verdict at trial.

Nicole Blank Becker’s background in prosecuting sex crimes equips her with insight into the best ways to weaken the state’s evidence and highlight any inconsistencies or flaws in the accuser’s statements. By meticulously gathering facts, interviewing witnesses, and collaborating with experts where needed, she will mount the most vigorous defense possible for your unique situation.

If you or someone you know is facing a fourth-degree criminal sexual conduct charge in Michigan, there is no time to waste. Early intervention is key to preserving evidence, protecting constitutional rights, and building a robust defense. The legal team at Blank Law, PC, understands the stakes and will stand by you every step of the way.

Contact Blank Law, PC Today

Your choice of defense attorney can be your most critical decision in a CSC 4 case. When your freedom, reputation, and future are on the line, trust an attorney who has seen both sides of the courtroom and knows how prosecutors think. Contact Blank Law, PC for a confidential consultation. The firm will thoroughly review your case and give you honest, straightforward advice on your legal options. Nicole Blank Becker’s proven track record in sex crimes defense and her unique background as a prosecutor can give you confidence in your legal representation.

Criminal sexual conduct charges demand serious and experienced legal counsel. Schedule a meeting with Blank Law, PC today. Your future is worth protecting; you do not have to face this challenging time alone. With the right attorney, you can navigate Michigan’s complicated legal landscape and pursue the best possible outcome for your case.