Clinton County Sexual Assault Defense Lawyer
CLINTON COUNTY SEX CRIMES EXPLAINED
In Clinton County and across the state of Michigan, the majority of sex crimes are listed under the criminal sexual conduct statute. This statute is also known as the CSC statute. Sexual assault crimes under this statute are divided into four different degrees that delineate the seriousness of the alleged offense. The main factors that a prosecutor looks for to determine which level of CSC is appropriate include whether there was a penetration of anyone or an injury of some kind to the alleged victim. The complainant’s age is also an extremely important factor in determining the appropriate charge. Sex crimes such as rape, statutory rape, and unconsented sexual contact are all included under the CSC statute. Any conviction under the CSC statute will have long-term and likely permanent effects on your life. Sex crime charges are not like other regular criminal charges; sex crime charges have a particular stigma attached to them and have the added consequence/requirement of registering as a sex offender. Sex crimes sometimes don’t include anything other than the accusation, and you cannot rely upon DNA evidence to be present or used in a way to clear you. In many cases, a complete and thorough investigation can significantly help your defense. Don’t trust anyone; do not speak to anyone about sexual assault allegations other than your attorney. Anyone that you talk to about your case can be called as a witness to testify against you.
THE DIFFERENT TYPES OF CRIMINAL SEXUAL ASSAULT CHARGES IN CLINTON COUNTY
As discussed above, the CSC statute breaks sexual assault into four degrees: first, second, third, and fourth. Crimes fall into different degrees depending on the existence of specific factors such as whether penetration was alleged and whether the alleged victim suffered any injuries due to the alleged crime. First-degree criminal sexual conduct is the most serious criminal sexual conduct offense and carries the most severe penalties, while fourth-degree criminal sexual conduct has the lowest potential punishment of the offenses included in the CSC statute. The different types of criminal sexual conduct charges you will find in Clinton County include:
- First-Degree Criminal Sexual Conduct: A conviction for this felony carries up to life in a Michigan prison. This charge alleges sexual penetration of someone without consent and with force, which resulted in an injury caused to the victim. If the victim is under 13 years old, then injuries are not a necessary element to be charged with first-degree criminal sexual conduct. A conviction will also result in required lifetime sex offender registry.
- Second-Degree Criminal Sexual Conduct: A conviction for this felony carries up to 15 years in a Michigan prison. This charge alleges sexual contact of someone without consent and with force, which resulted in an injury caused to the victim. If the victim is under 13 years old, then injuries are not a necessary element to be charged with second-degree criminal sexual conduct. A conviction will also result in required sex offender registry.
- Third-Degree Criminal Sexual Conduct: A conviction for this felony carries up to 15 years in a Michigan prison. This charge alleges sexual penetration of someone without their consent and with force but does not require any injuries. A conviction will also result in required sex offender registry.
- Fourth-Degree Criminal Sexual Conduct: A conviction for this high-court misdemeanor charge carries up to 2 years in a Michigan prison. This charge alleges sexual contact of someone without their consent and with force but does not require any injuries.
- Assault with intent to commit CSC involving sexual penetration: A conviction for this felony carries up to 10 years in a Michigan prison. This is essentially an attempt crime; it is charged when a sexual assault involving penetration is attempted but not completed.
- Assault with intent to commit second-degree CSC: A conviction for this felony carries up to 5 years in a Michigan prison. This is also essentially an attempt crime; it is charged when a sexual assault involving contact is attempted but not completed.
If you are being accused of any of these charges, then make sure you speak to an experienced Clinton County criminal defense attorney immediately.
CLINTON COUNTY COURTS THAT OVERSEE CRIMINAL SEXUAL CONDUCT CASES
In the Clinton County area, sexual assault cases are first heard in one specific District Court:
- 65A District Court: This court hears all sexual assault cases that originate anywhere in Clinton County.
In District Court, the prosecutor’s goal is to demonstrate to a judge that enough probable cause exists to show that a sexual assault of some kind was committed, and enough probable cause that the defendant committed the offense. If the prosecutor is successful, then the case is then “bound over” and sent to the Clinton County Circuit Court – 29th Circuit Court, for all future proceedings and potential trial.
One of three Clinton County Circuit Court judges may be assigned to your case if it makes it that far. Make sure you have an attorney who is experienced in practicing before all of these judges and understands what specifically needs to be done to help you be successful.
WHAT IF I HAVE SPECIFIC QUESTIONS ABOUT MY CASE?
If you are facing an allegation of sexual assault anywhere in Clinton County, then it is important to speak to an experienced criminal defense attorney immediately. Websites such as this can be a great place to start, but the information found online should never serve as an alternative to an experienced attorney’s advice. If you have specific legal questions, then the attorneys at Zeineh Law are available to you now.
THE ZEINEH LAW DIFFERENCE
For a prosecutor to convict you of a sexual assault crime, he or she must prove beyond a reasonable doubt that you intended to commit or did commit a sexual act on another without legal consent. Was there a real mistake in the events in question? Is your accuser not telling the truth about what happened? Are you able to show that there was no illegal activity? It is important that you are able to not only answer these questions, but back your claims up with as much evidence as possible. An investigation done from the defense side is often the best way to answer these and other necessary questions in preparing your defense. Just as a prosecutor can and will use his or her resources to build a case against you, you can use your resources to build your defense in the same way. At Zeineh Law, we pride ourselves on not limiting your defense by simply trying to explain the prosecutor’s version of events. We defend cases by going on offense, by advancing your version of events based on evidence obtained in our private investigations.
ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION
If you are facing a criminal charge for criminal sexual conduct in or around Clinton County, then it is important to speak to an experienced Lansing criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Call us at (517) 292-7000 or
contact us online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.
