The state of Michigan takes sexual conduct crimes very seriously. A person who is convicted of even the least severe degree of criminal sexual conduct still faces up to two years imprisonment and up to 25 years on the sex offender registry list. The criminal lawyers at Paul J. Tafelski know how damaging such charges can be and work tirelessly to help those accused of those offenses. Contact us today or use our online form.
Under Michigan law, there are four degrees of criminal sexual conduct. These degrees are based on levels of force or intimidation. The first three degrees are felonies while the fourth degree is a high misdemeanor, although many in law enforcement still view it as a felony. By definition, first and third degrees of criminal sexual conduct require forced or coerced penetration. Such penetration can be vaginal, anal, or oral intercourse, or placing a finger or object in another person’s genital or anal opening. Second and fourth degrees of criminal sexual conduct require forced or coerced sexual contact. Such contact includes touching another person’s groin, genital area, inner thigh, buttocks, or breasts, or the clothing that covers those parts.
A person who is convicted of criminal sexual conduct can face a significant term of imprisonment. The length of the sentence depends on a number of factors including:
- The number of perpetrators
- Use of a weapon
- Physical injury other than the rape
- Victim’s incapacitation
- Victim’s age
- Perpetrator is a member of the victim’s family (blood relation or lives in the same household) or is in a position of authority to the victim.
It is important to note that the law is gender neutral, meaning that the perpetrator and the victim can be either male or female. Furthermore, a husband or wife can be charged with raping their spouse.
A person who is convicted of criminal sexual conduct is required to register on the sex offender registry list. The severity of the charge determines how long the offender is required to remain on the registry, which can be for life. Failure to register is itself a felony and carries a penalty of up to four years imprisonment or a $2,000 fine.
Other well-known criminal behavior that contains elements of sexual misconduct involves the Internet, or internet crimes. Many people have been charged and convicted of Internet solicitation of a minor and possessing child pornography on their computer. Unfortunately, some of these defendants have been tricked by law enforcement officials into committing a crime. Furthermore, the laws governing cyberspace change frequently. It can be difficult to know what types of activities are currently illegal.
If you have been charged with a criminal sex offense or internet crime, contact our Detroit criminal sexual conduct attorneys today. Such a charge should not be taken lightly as it can follow you for the rest of your life. Also, behavior that many Defendants or their families take lightly is often viewed as extremely serious by prosecutors and judges. There may be defenses that apply to your case (such as consent or mistaken identity) that only an experienced lawyer can prove. Also, the outcome of these cases can often be improved by employing ideas and strategies that are not based solely on legal arguments. Our firm spends significant time with our clients so that we can devise ideas and strategies that will protect them now and help them in the future. These type of crimes require special attention and sensitivity and we provide that.
Do not hesitate to contact the Detroit internet crime attorneys at the office of Paul J. Tafelski or contact us online. We serve residents in Detroit, Troy, Rochester Hills, West Bloomfield, Bloomfield Hills, Royal Oak, Plymouth, Canton, Wayne County, Oakland County, Macomb County, and throughout Michigan.
If you know you are facing some type of sex crime but have not been charged yet it benefits you to retain a criminal defense lawyer immediately. First, an Detroit attorney may be able to speak with the officer in charge or the warrants division of the prosecutors office to influence the ultimate charge. Often we can arrange for a client to turn themselves in to police and avoid the attention and embarrassment of police officers showing up at their home to arrest the client in full uniform and marked cars. Having an experienced Detroit criminal sexual conduct attorney involved early usually gives the police confidence that a Defendant will not try to flee so they often agree to allow our clients to turn themselves in at an arranged time rather than conducting a surprise arrest at home or work. In addition, early retention of counsel allows for preparation for the arraignment.
Arraignment is the first court hearing that occurs after one is arrested and booked. The client is almost immediately taken to court where the judge or magistrate will consider the charges and set a bond and bond conditions. Often times in these cases the court sets a significant bond with serious restrictions such as house arrest or no contact with any children, etc. It is very important that you be prepared and ready to present the absolute best portrait of yourself concerning the areas that the court cares about so that the best bond can be attained. A Defendant is not released from custody until bond is posted unless a personal bond can be achieved. We are very experienced in this process and will be able to help.
Call us today. It is especially urgent if you have no idea of the status of your case and when or if you are going to be charged. Facing these types of criminal charges is dangerous and unpredictable and we bring significant experience to making the criminal defense process less intimidating and more fair. Our sole goal is to obtain the best possible outcome for our clients.