Criminal Sexual Conduct in the First Degree

Sex crimes, like criminal sexual conduct in the first degree, are generally considered the most egregious acts a person can be accused of committing, and people accused of such offenses often fear as if they have no options for avoiding a conviction. There are many phases of criminal proceedings between an arrest and a verdict, however, and even if the state charges a person with a crime, it does not necessarily mean that the prosecution has sufficient evidence to establish guilt. As such, if you are charged with criminal sexual conduct in the first degree or any other sex crime, it is in your best interest to consult an attorney to discuss your options for pursuing a favorable outcome. Sam Bernstein of ArborYpsi Law is a skillful Ann Arbor criminal defense attorney dedicated to helping people accused of sex crimes defend their rights and reputation, and if he represents you, he will advocate zealously on your behalf.

Pursuant to the Michigan Penal Code, there are numerous acts that constitute CSC 1st degree, all of which involve sexual penetration. For example, it is considered criminal sexual conduct in the first degree for one party to engage in sexual penetration with another individual if the individual is under the age of 13, the penetration happens during the commission of a felony, if the actor has a weapon, or the victim reasonably believes they do, or the actor uses force or coercion to accomplish penetration.

It is also considered criminal sexual conduct in the first degree for a person to partake in sexual penetration with a party who is between the ages of 13 and 16 if they are the actor’s relative to the fourth degree, live in the same household as the actor, attend a school the actor works or volunteers at, or if the actor is in a position of authority over the party, and used the authority to coerce the party to submit. Finally, in certain situations, it is CSC 1st degree for people to engage in sexual penetration with parties that are mentally incapacitated or incapable, or physically helpless.

Regardless of what grounds the charges against a defendant arose out of, the prosecution’s burden of proof is the same. Namely, it must establish that the defendant committed each element of the offense beyond a reasonable doubt. In other words, the prosecution must set forth evidence that weighs so heavily in favor of the defendant’s guilt that a reasonable person could not come to any conclusion other than that the defendant committed the charged offense. If the prosecution cannot meet this burden, the defendant should be found not guilty.

Unlike the prosecution, criminal defendants do not bear a burden of proof and do not have to offer evidence to establish their innocence. In many instances, however, they can assert arguments demonstrating that the charges against them should be dismissed, either due to procedural violations or a lack of evidence. For example, if the police violated the defendant’s Fifth Amendment right against self-incrimination during the investigation, any incriminating statements made by the defendant may be deemed inadmissible. Similarly, if the police conducted a search without a warrant or exceed the scope of a warrant, it may violate the defendant’s Fourth Amendment right against unreasonable search and seizure, and the evidence found during the search may be deemed inadmissible.

Michigan staunchly prosecutes criminal sexual conduct in the first degree, but the prosecution faces a high burden of proof in criminal matters, and it often fails to meet that burden. If you are charged with a sex offense, it is advisable to talk to an attorney as soon as possible. Sam Bernstein of ArborYpsi Law is a capable criminal sexual conduct 1st degree Ann Arbor criminal sexual conduct defense lawyer who is proficient at helping people accused of crimes seek good outcomes, and if you hire him, he will set forth compelling arguments in your favor. Our office is located in Ann Arbor, and we frequently represent parties in criminal proceedings throughout Michigan, including cities in Ann Arbor, East Lansing, Dearborn, and Flint. You can reach us via our online form or by calling us at (734) 883-9584 to set up a confidential and free conference.