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What Are Some Common Defenses Used In Sex Crime Cases?

Posted On: April 26, 2016  
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What Are Some Common Defenses Used In Sex Crime Cases?

One big defense is, “I didn’t do it. I’m not guilty.” Many times there can be a situation where a person consented at the time and regretted it later for different reasons and made up the accusations. A lot of times there are things that happen where the truth is in between guilty and not guilty. Every case is factually unique. It is really important that the defense counsel develop the facts as best they can in favor of their client to try and get the best results.

Another common defense, not only in these types of cases but in all types of criminal cases, is demonstrating that the prosecution cannot prove their case beyond a reasonable doubt. The defendant is innocent unless proven guilty, not innocent until proven guilty, so the prosecutor has the burden of showing that all of the different elements of the crime have been satisfied. Sometimes the best defense is arguing and proving that a prosecutor cannot prove the case in all the required ways. Occasionally, there is scientific evidence that the defense might be able to use, whether it’s DNA or lack of DNA, which can be a determining factor for innocence.

Most sex crime defenses come down to the common sense approach for what makes somebody innocent or somebody guilty.

What Are The Consequences Of Having A Sex Crime Conviction In Michigan?

First degree criminal sexual conduct is punishable by up to life in prison. Typically, those convicted will go to prison for a very long time, depending on the type of crime. Second and third degree criminal sexual conduct is punishable by up to 15 years in prison. Fourth degree criminal sexual conduct is punishable by up to two years’ imprisonment. The other sex crimes all have different penalties and different terms.

There are different degrees of sex crimes when it relates to the Sex Offender Registration Act. The Sex Offender Registration Act in Michigan has three different tiers. Different crimes are placed in those tiers, which determine how long someone has to be on the registry and how often they have to check in and make their status known. The most serious crimes require lifelong registration. The time period varies, depending on what the person is convicted of.

Why Is It Important To Retain An Experienced Sex Crime Attorney In A Criminal Case?

You only have one chance to defend yourself in these situations. If you get it wrong, the consequences are permanent. For example, being on the sex offender registration list means that anybody can Google you and find out that you are a sex offender living in their neighborhood. You can’t live near a school, and you can’t work anywhere that’s considered a school safe zone. Within three days of moving, you have to re-register your new address, or you will be charged with a new felony, failing to register. It is really a horrible way to live your life.

A lot of these offenses that people are on the registry for are not really things that make up a predator. These individuals were not really out there looking for a victim to take advantage of. They are mostly people who got into trouble after a night of partying and got out of control. They are not people who would otherwise ever be a danger or threat to anyone, but somehow they were convicted and placed on the sex offender registry, and now their whole life is haunted by it. In addition, the toughest prison sentences are handed down on sex offender cases because there is such a public desire to lock up people convicted of different sex crimes.

It’s just one of those areas of the law where it is very dangerous for a person to do anything else other than put their best foot forward in defending themselves. Don’t mess around with an accusation like this. You want to get the best help that you can find.

Additional Information About Sex Crime Cases In Michigan

There have been some changes in the Michigan Sex Offender Registration Act. The door has recently been opened to allow some types of people that were previously convicted to try and get themselves removed from the registry. Those who have served their time should look into this: if you think you are eligible, give us a call. We would be very happy to help you try and get off that registry.

For more information on Common Defenses In Sex Crime Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 451-2200 today.

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