Michigan Criminal Sexual Conduct in the Fourth Degree
4th Degree CSC Defense
Criminal Sexual Conduct, also called CSC, (criminal sexual conduct as defined in the state of Michigan) is the name of a group of crimes under Michigan law designed to punish those defendants accused of doing something wrong of a sexual nature. There are four degrees of CSC offenses in Michigan. Fourth degree CSC is the least serious of those offenses. Nonetheless, the mere allegation of a sex crime can have lifelong consequences.
Just like second degree CSC(2nd degree criminal sexual conduct), fourth degree CSC involves allegations of improper sexual contact. This is in contrast to the allegations of sexual penetration that must be present to support charges of first and third degree criminal sexual conduct. Sexual contact is defined as:
“Sexual contact” includes the intentional touching of the victim’s or actor’s intimate parts or the intentional touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts, if that intentional touching can reasonably be construed as being (1) for the purpose of sexual arousal or gratification, (2) done for a sexual purpose, or (3) in a sexual manner for revenge, to inflict humiliation, or out of anger.
Naturally, not all sexual contact with another person rises to the level of what would be considered a crime. There has to be sexual contact plus something else. In the case of CSC fourth degree, that “something else” includes things like: the presence of force or coercion, the accuser being age 13 up to 16 with the defendant being more than 5 years older than the accuser, the defendant knows or should know that the victim is mentally physically or physically mentally incapacitated, the defendant is a mental health professional who treated the accuser within the last two years, and more. Depending upon the circumstances related to the alleged victim, a CSC fourth degree charge could involve either consensual or non-consensual sexual contact. Keep in mind that regardless of actual consent, Michigan law does not allow a person under 13 to provide lawful consent for any sexual contact. Read Michigan’s penal code 750.520e here. (penal code for 4th degree CSC in Michigan) which deals with fourth degree criminal sexual conduct.
Penalties for Criminal Sexual Conduct 4th Degree
Criminal Sexual Conduct in the fourth degree is what is called a high-court misdemeanor, which is an offense that in name-only is considered a misdemeanor but for all intents and purposes is a felony charge. The maximum punishment is 2 years in prison and a $500 fine. Also, if convicted, the defendant may be placed on Michigan’s sex offender registry for up to life, unless the offender qualifies for an early removal.
Finding the right Fourth Degree CSC defense lawyer
Defending criminal sexual conduct charges is a combination of art and science. It takes a lawyer knowledgeable in both the facts and the law. It takes a lawyer who can recognize evidentiary issues and know how to suppress evidence seized in violation of your rights. It takes a lawyer with excellent courtroom skills.
It is up to the lawyer to skillfully craft a defense. Because no case is alike, the defense in one case may not work in another. Our philosophy of practice calls upon us to work closely with our client, bringing our knowledge and experience and the client’s knowledge of the facts together to develop a successful strategy. We know the prosecutor’s office has a tendency to over-charge CSC cases, and we are not afraid to fight that over-charging. We advise our clients of what we think would be the best way to fight their cases, but we are also very open to hearing what our clients want to do. After all, we work both for you and with you.
We offer a free consultation for those considering hiring our team. Call us today at 1-866-766-5245 or use our contact form to get started today.
Our history of successful defenses includes cases from places like Allegan, Huron, Kalamazoo, Ogemaw, Ionia & Tuscola, just to mention a few. We work throughout Michigan defending some of the most difficult cases, for more specific information on our areas of practice, consult our services by county page.