First-degree CSC is specifically characterized by sexual penetration. Among the four degrees of sexual assault, first-degree CSC is the most serious charge.
Penalties Of A Criminal Sexual Conduct (First Degree) Charge
First-degree criminal sexual conduct is the most serious offense in this category. If convicted, the penalty in Michigan can be life imprisonment or another term of years determined by the court.
For those 17 years or older, if the victim is under 13, there is a mandatory minimum sentence of 25 years or more, according to Michigan’s sentencing guidelines.
As stated by the Michigan Penal Code, if your actions match any of the following circumstances, you may be charged/investigated for CSC 1st Degree:
- Sexual penetration with a person under the age of 13.
- Sexual penetration with a relative and he/she is under the age of 13.
- Sexual penetration with a person aged between 13–15 years old, and he/she claims to have mental issues as a direct result of the act.
- Undesired sexual penetration with another person.
Defense Strategies
Building a defense against a charge of first-degree criminal sexual conduct demands a thorough understanding of sex crime cases. When confronted with such serious allegations, opting for a plea deal rather than going to trial is a strategic choice, not a sign of defeat. This decision demonstrates a calculated effort to reduce potential repercussions for you and your loved ones.
Ignorance or an honest mistake of fact cannot be presented to a jury. As an adult, you bear full responsibility for knowing the age of the person with whom you choose to engage intimately—no exceptions.
Forensic interview
To be charged with first-degree criminal sexual conduct involving a child under 13, the child must report some form of penetration during a forensic interview at a Child Advocacy Center (such as Care House or Kids Talk). If the child does not make any disclosures at the center, the state cannot move forward with charges against you.
Common Questions
Should I speak to Police if I am accused of First Degree CSCNO?
No, Contact us first.
What is the Court Process for First Degree Criminal Sexual Conduct?
The stages of the process in a prosecution for CSC 1 include:
- Investigation (click for tips to AVOID JAIL)
- Warrant for Arrest
- Arraignment and setting Bond
- Probable Cause Conference (PCC)
- Preliminary Examination (*Note: although it is unlikely, First Degree CSC charges could be dismissed at Preliminary Exam, including if the alleged victim doesn’t show-up).
- Arraignment on the Information (“AOI”) in Circuit Court.
- Pretrial stage / Motions
- Plea or Trial (including a possible Cobbs agreement if there is a plea)
- Sentencing (in the event of a plea or conviction after Trial)
Contact Kirsch Daskas Law Group
The lawyers of Kirsch Daskas Law Group specialize in cases involving sexual conduct. We diligently defend all kinds of sexual abuse cases and physical abuse cases. We can confidently defend your rights and help your situation. If you are facing charges or an investigation in Michigan, our skilled attorneys specializing in first-degree CSC can provide you with assistance. Contact us today on 248-792-3060.
