Waterford & Clarkston First Degree Criminal Sexual Conduct Lawyer
Sex 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.
