Ingham County Sexual Assault Defense Lawyer

INGHAM COUNTY SEX CRIMES EXPLAINED

In Ingham County and across the state of Michigan, the majority of sex crimes are listed under criminal sexual conduct laws. These laws, also known as CSC charges, are broken into four major degrees of seriousness where different factors alleged in the crimes will determine which degree is charged by a prosecutor. The major factors that can determine which degree a sex crime falls into include whether there was a penetration of any party or injury to the alleged victim. The age of the alleged victim is also extremely important in determining which degree a sex crime is charged under. Sex crimes such as rape, statutory rape, and unconsented sexual contact are all included under criminal sexual conduct laws. A conviction for any offense under the criminal sexual conduct laws can and likely will have serious and permanent consequences. It is important to understand that sex crime charges are not like other charges in Michigan criminal law; sex crime charges have a particular stigma attached to them and have the added consequence/requirement of registering with the Michigan Sex Offender Registry (SOR). Sex crimes sometimes don’t have much more evidence other than the accusation itself, and you cannot expect DNA evidence to simply clear you. You will likely need a complete and thorough investigation done to appropriately plan and present 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 INGHAM COUNTY

As discussed above, criminal sexual conduct charges are broken into four degrees: first, second, third, and fourth. The different degrees are generally separated by whether penetration was alleged and whether there were any injuries that resulted from the alleged misconduct. First-degree criminal sexual conduct is the most serious criminal sexual conduct offense, and fourth-degree criminal sexual conduct has the lowest maximum punishment of the criminal sexual conduct offenses. The different types of criminal sexual conduct charges you will find in Ingham County include:

• First Degree Criminal Sexual Conduct: This is a felony charge that carries up to life in prison upon conviction. This charge alleges forced/unconsented sexual penetration along with 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 sex offender registry for the rest of your life.

• Second Degree Criminal Sexual Conduct: This is a felony charge that carries up to 15 years in prison upon conviction. This charge alleges forced/unconsented sexual contact along with 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: This is a felony charge that carries up to 15 years in prison upon conviction. This charge alleges forced/unconsented sexual penetration but does not require any injuries. A conviction will also result in required sex offender registry.

• Fourth Degree Criminal Sexual Conduct: This is a high-court misdemeanor charge that carries up to 2 years in prison upon conviction. This charge alleges forced/unconsented sexual contact but does not require any injuries.

• Assault with intent to commit CSC involving sexual penetration: This is a felony charge that carries up to 10 years in prison upon conviction. This is essentially an attempt crime; it is charged when a sexual assault is attempted but not completed.

• Assault with intent to commit second-degree CSC: This is a felony charge that carries up to 5 years in prison upon conviction. This is also essentially an attempt crime; it is charged when a sexual assault is attempted but not completed.

If you are being accused of any of these charges, then make sure you speak to an experienced Ingham County criminal defense attorney immediately.

INGHAM COUNTY COURTS THAT OVERSEE CRIMINAL SEXUAL CONDUCT CASES

In the Ingham County area, sexual assault cases are first heard in one of the three district courts depending on where the crime is alleged to have taken place:

• 54A District Court: This court only hears cases that originate in Lansing

• 54B District Court: This court only hears cases that originate in East Lansing.

• 55^th District Court: This court hears cases that originate anywhere in Ingham County, except for Lansing and East Lansing.

In District Court, the prosecutor’s job is to prove to a judge that enough probable cause exists to demonstrate that a sexual assault was committed, and that the defendant committed the offense. If the prosecutor is successful, then the case is then “bound over” and sent to the Ingham County Circuit Court – 30^th Circuit Court, for all future proceedings.

Several Ingham 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?

For a prosecutor to be successful, 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 genuine, honest mistake in the events in question? Is your accuser lying about what happened? Are you able to show that while things might look a certain way at first, there was actually 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 the best way to answer these and other necessary questions in preparing your defense. Just as a prosecutor 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.

THE ZEINEH LAW DIFFERENCE

For a prosecutor to be successful, 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 genuine, honest mistake in the events in question? Is your accuser lying about what happened? Are you able to show that while things might look a certain way at first, there was actually 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 the best way to answer these and other necessary questions in preparing your defense. Just as a prosecutor 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 Ingham 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.