Sex crimes are among the most serious crimes charged in Michigan. Just being charged with a sex crime can change your life. A sex crime conviction can result in sex offender registration in addition to jail or prison. Sex crimes are challenging to defend in today’s political climate. Public opinion tends toward assuming guilt when a person is accused. You need an Ann Arbor sex crime lawyer who is knowledgeable about the law and willing to go the distance in a difficult case. ArborYpsi Law is ready to fight for you, and we know how to cut through the political noise to get to the heart of a matter and win.
If you are a college student charged with sexual misconduct or the parent of a student, our sex crime lawyers can help.Our Ann Arbor Sex Crime Lawyer Defends Against Criminal Sexual Conduct Charges
Sexual assault charges are divided into matters of degrees. These charges encompass a lot of factors, but generally speaking are classified by whether there is penetration versus touching, and whether there is force, a power dynamic, or felonious behavior, to name a few factors.Penalties for First Degree Criminal Sexual Conduct in Michigan
First-degree criminal sexual conduct involves an act of penetration against another person. Examples of first-degree sexual conduct include;
- Any sexual penetration with another person under the age of 13.
- Sexual penetration with a person over 13 and under 16 but where there is a teacher-student relationship.
- When the sexual penetration involved the use of a weapon in the course of the act.
There are other types of first-degree criminal sexual conduct that your sex crimes attorney can explain to you. A conviction for first-degree criminal sexual conduct can be for up to life in prison. The most severe penalty for a conviction can be a mandatory 25 year minimum in prison. The specific penalty from a conviction depends on the factors involved in the case. Sex offender registration would be for life.An Overview of Second Degree Criminal Sexual Conduct
Second-Degree criminal sexual conduct involves the sexual touching of another person. Any sexual touching of another person under 13 is second-degree criminal sexual conduct. This could also be the sexual touching of a person over 13 but under 16 where the two parties have a power imbalance. And like in first-degree criminal sexual conduct, a person could be found guilty of this crime where the sexual touching is committed with force or in the course of any felony.
A conviction is punishable by up to 15 years in prison. Sex offender registration can be for life with a conviction for second-degree criminal sexual conduct.Penalties for Sex Crime in the Third Degree
Criminal sexual conduct in third-degree generally involves penetration with a person over 13 but under 16. This type of charge is sometimes referred to as statutory rape. This is where two people had consensual sex, but one of them was 15, and one of them was older than 16. Even if the sex was consensual, it is still against the law. This is because someone under the age of 16 is not able to provide consent legally.
Third-degree criminal sexual conduct is punishable by up to 15 years in prison. In some instances, such as those with statutory rape situations, there may be ways to keep such charges off your record. As with the other types of criminal sexual conduct, sex offender registration will come with any conviction, except for certain circumstances.Fourth Degree Criminal Sexual Conduct Penalties and Overview
This type of criminal sexual conduct involves sexual touching. A first example would be where the person touched is over 13 and under 16, but the person touching is more than five years older than the person touched. Another example is where the sexual touching is accomplished through physical violence or surprise. As with the other types of criminal sexual conduct, the number of possible scenarios that could be fourth-degree criminal sexual conduct is more than what is listed here.
Fourth-degree criminal sexual conduct, is still essentially a felony. Known as a high-court misdemeanor, it is punishable by up to two years in prison.What Other Sex Crime Cases Will an Ann Arbor Sex Crime Lawyer Accept?
The offenses listed above are the sexual assault types of criminal sex charges. However, there are other types of sex crimes that don’t involve assault. No matter your arrest, the Ann Arbor sex crime attorneys at ArborYpsi are here to help.Sex Offender Registration
A conviction for a sex crime can mean sex offender registration. The sex offender registration laws are in a flux right now due to ongoing lawsuits. Regardless, registration as a sex offender can have life-long consequences for the person.Gross Indecency Charges in Michigan
Gross Indecency is where one or two people engage in a sex act in public. Gross indecency is punishable by up to five years in prison. A person convicted will have to register as a sex offender.Child Sexual Abuse
Child sexual abuse refers to any type of sex crime charge related to children. One of the most common is child sexual abusive materials. This charge refers to child pornography, which is commonly charged in federal court as well. Child sexual abuse could also be charged as a sexual assault, either first or second-degree criminal sexual conduct.Indecent Exposure in Michigan
A person can be convicted of indecent exposure if he or she intentionally exposes their private parts in a place where another person is likely to see. It does not matter if another person saw their privates. All that matters is if another person would be likely to see the exposure.Our Ann Arbor Sex Crime Lawyer Defends Rape Charges
ArborYpsi Law will offer a strong defense to any rape charges you may be facing. There are many reasons why a person may accuse another person of rape but is wrong. ArborYpsi Law will get to the bottom of the situation to best help you in court. Don’t let a charge ruin your life. Be proactive and hire a lawyer to start preparing your defense.Assault With Intent Under Michigan Law
The crime of assault with intent to commit sexual assault is divided into two categories. First, a person can be charged with assault with intent to commit sexual penetration. This is a felony, punishable by up to ten years in prison.
The second category is assault with intent to commit a sexual touching. This is a felony, punishable by up to five years in prison.
This type of charge is most commonly found in a plea bargain resolution to reduce the type of original charge.Defenses Your Ann Arbor Sex Crime Lawyer May Present
Being charged with a sex crime can be overwhelming, but it’s important to remember that you are entitled to a legal defense. Depending on the charges you are facing, an Ann Arbor sex crime lawyer may be able to assert one of the following defenses:
- Consent. Consent is an absolute defense in many sex offense cases. For example, if you are facing a rape charge, consent will be the central issue in the case. Your lawyer will be able to identify the pertinent facts that could lead to a dismissal or acquittal.
- Lack of intent. In most sex crime cases, the prosecution must prove that you intended to commit the offense you have been charged with. For example, if you have been charged with assault to commit a sexual touching, the prosecution must prove that it wasn’t an accident.
- Mistaken identity. Law enforcement is often under tremendous pressure to make an arrest, especially in sex crime cases. Unfortunately, this can often lead to arrests based on false assumptions and poor facts. An Ann Arbor sex crime lawyer will be able to help you prove that you are not the offender.
- Insanity. To be candid, insanity is a very difficult defense to successfully establish. Still, the option may be available depending on the circumstances. You will need to be evaluated by a medical professional and it will require them to testify as to your mental health. However, you should be aware that legal insanity is not necessarily the same as medical insanity - you will need to prove that either (1) you were unable to appreciate the criminality of your conduct; or (2) you were unable to conform your conduct in accordance with the law.
- Lack of evidence. Just as with any other crime, the prosecution has to introduce evidence that proves you committed the offense. This can be an issue in many sex crime cases. An attorney will be able to evaluate the evidence against you and identify the prosecution’s weaknesses.
False accusations are more common in sex crime cases than many people realize. In our current culture, any sex crime-related accusation is often given the benefit of the doubt, regardless of whether or not there is any evidence against you. It may seem hopeless, but an experienced Ann Arbor sex crime lawyer will know how to defend you against charges based on a false accusation.
Alleged victims make false accusations for a wide variety of reasons, but here are the most common:
- Revenge or contempt. False accusations often arise from broken personal and professional relationships. Accusing the other person of a sex crime becomes a weapon intended to damage the other person’s reputation, jeopardize their job, and generally ruin their life.
- Divorce and custody proceedings. Closely related to accusations motivated by revenge or contempt, a false accusation can be used as a means to gain the upper hand in divorce or child custody proceedings.
- Embarrassment. False accusations are also common in situations where the accuser feels embarrassed or ashamed of a sexual encounter. The false accusation is made in an attempt to avoid responsibility for their own actions.
- Extortion. These situations are somewhat rare, but false accusations can be made in connection with financial demands. For example, a former partner may threaten to accuse you of a sex crime if you don’t agree to compensate them in some way.
Sam Bernstein of ArborYpsi Law is an experienced Ann Arbor sex crime lawyer. Sex crimes are some of the most difficult and challenging crimes to defend. At ArborYpsi Law we are skilled in defending against these crimes to preserve your liberty and reputation. We can also represent juveniles charged with sex crimes. Give us a call or complete our contact form today!