In Michigan, the law states that individuals under 16 cannot legally give consent, regardless of the circumstances. Often, especially with younger victims, children may not recognize that they have been abused or may feel too frightened to report the incident, particularly if the alleged perpetrator has warned them not to tell anyone.
Parents and other adults are encouraged to be vigilant for warning signs indicating that something may be wrong with a child’s behavior. For instance, a child may display classic signs of distress if they are being repeatedly assaulted by a relative, such as visibly cringing when that person is nearby. In situations where a parent is the abuser, Child Protective Services will intervene to protect the child and ensure their safety.
Penalty
If an adult is convicted of engaging in sexual behavior with a minor, the penalties can be severe, depending on how the state classifies the offense. Child abuse charges can range from first-degree to fourth-degree, with first-degree charges being the most serious.
Many cases of child sexual assault are categorized as second-degree child abuse, where the alleged offender intentionally commits an illegal act that could cause serious emotional harm to a child. First-degree charges require proof of intent to inflict physical or mental harm, which may not always be applicable in child sexual abuse cases.
In contrast, second-degree charges only necessitate that the offender engaged in conduct likely to cause significant harm to a child. Even in such cases, you can still face felony charges if accused of child sexual abuse. A second-degree conviction carries a penalty of up to 10 years in prison for a first offense, and registering as a sex offender on the Michigan Sex Offender Registry is mandatory upon conviction.
Defense
Michigan is committed to a strong stance against child sexual abuse, making it challenging to defend against credible allegations. However, there are effective strategies to counter these charges.
OVERCOMING SUBSTANCE ABUSE
Substance use can impair a person’s judgment, and a key principle of the criminal justice system is that one must knowingly commit a crime to be charged. If you can demonstrate that drugs affected your decision-making at the time of the alleged offense, you may be able to argue for a lesser sentence, particularly if you are actively seeking treatment.
WITNESSES PRESENT
Witnesses can be invaluable for defendants and their attorneys, as they can provide critical information that may be missing from the case. If you can identify individuals who observed your actions and can corroborate your account, your chances of a successful defense improve significantly. Additionally, Child Protective Services may have relevant history that supports your case, indicating that you are not a risk for committing serious offenses.
Contact Kirsch Daskas Law Group
Our proficient team is unbeatable when it comes to consistently producing the best results for our clients in Michigan courts. Our team’s meticulous attention to detail ensures a tailored defense strategy for every client. It is vital to choose an experienced attorney to safeguard your future in the face of such intense charges. Call us today 248-792-3060
