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Waterford & Clarkston First Degree Criminal Sexual Conduct Lawyer

lady justiceSex crimes are always a matter of degree under Michigan law. To establish criminal sexual conduct in the first degree, the prosecutor must prove beyond a reasonable doubt that a penetration, any penetration, occurred. Penetration has been defined as intercourse, fellatio, or cunnilingus.

Also, one of the following must be established by the prosecutor:

  • a victim under age 13;
  • for victims between ages 13 and 16, one of the following must also be present;
  • the accused shares a household with the victim;
  • the accused is related to the victim by blood or affinity to the fourth degree;
  • the accused is in a position of authority, especially in the school and medical examination context;
  • the incident occurs while another felony is being perpetrated, i.e. armed robbery, kidnapping, manslaughter, etc;
  • a weapon is used during the assault;
  • the accused is aided and abetted by other persons;
  • the accused used force or the threat of force to subdue and assault the victim;
  • the accused knows, or should know, that the victim is mentally incapacitated or physically helpless.

This is a capital offense, which means that if convicted, a person sentenced to CSC 1st degree is facing life or any term of years, plus lifetime electronic monitoring and reporting pursuant to the Sex Offender Registry Act [SORA].

An Waterford & Clarkston First Degree Criminal Sexual Conduct Lawyer Can Assist

First degree criminal sexual conduct is a very serious capital offense and the Waterford & Clarkston sex crimes lawyers at Clarkston Legal can help if you are facing charges. Call today for a free initial consultation.

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