Rape Defense Lawyers In Detroit, MI

Detroit Rape Defense Lawyer

An arrest on charges of criminal sexual conduct is likely one of the most serious and urgent experiences of your life. If police have taken you into custody on these severe charges, you need experienced legal advocacy to defend yourself from the harshest potential consequences of an arrest and conviction. Don’t leave the outcome to chance – contact Kirsch Daskas Law Group PLLC today for a free initial case review with our team. Let’s discuss how we can help you protect your rights, reputation, and future as you face prosecution for criminal sexual conduct.

Why Turn to Kirsch Daskas Law Group PLLC for Help When Facing Criminal Sexual Conduct Charges

A prosecution on charges of criminal sexual conduct can have a devastating effect on your reputation and future. Your choice of legal representation can make a difference in the outcome of your case. For over 25 years, Michiganders have turned to Kirsch Daskas Law Group PLLC for dedicated counsel and advocacy because:

• We have decades of legal experience, including managing partner Lisa Kirsch’s background as a former Wayne County prosecutor. Her insights into how the state prosecutes cases allow our firm to develop tailored legal strategies for our clients.
• Our firm offers a client-centered approach to legal representation. Our team will take the time to listen to your story and learn about your circumstances, needs, and goals so we can prioritize your interests. We will involve you in the defense process, taking a holistic approach to pursuing a favorable outcome for your case.
• We have a proven record of obtaining favorable client outcomes in some of the most challenging criminal cases. Our team will work hard to protect your rights and interests, guiding you through the criminal justice system so you don’t have to face your charges alone.

Understanding Criminal Sexual Conduct in Michigan

In Michigan, criminal sexual conduct, also called rape, has four degrees of the offense based on the severity of the crime. A person commits first-degree criminal sexual conduct when they engage in sexual penetration with another person under any of the following circumstances:

• The other person is under 13
• The other person is at least 13 but younger than 16, and the defendant is a member of the victim’s household, is related to them by blood or affinity to the fourth degree, or holds a position of authority over them that they use to cause the victim to submit
• The other person suffers from physical or mental incapacity, and the defendant is related to the victim by blood or affinity to the fourth degree or holds a position of authority over the victim they use to cause the victim to submit
• Sexual penetration occurs during the commission of any other felony
• At least one or more people aided the defendant, and the defendant knows or should know of the victim’s incapacity or uses force or coercion to accomplish the sexual penetration
• The defendant had a weapon or any other item the victim perceived as a weapon
• The defendant uses force or coercion and injures the victim

A person commits second-degree criminal sexual conduct when they engage in sexual contact, rather than penetration, with another person under the same circumstances that would otherwise lead to a first-degree criminal sexual assault charge.

Third-degree criminal sexual conduct occurs when a person engages in sexual penetration with another person under any of the following circumstances:

• The other person is at least 13 but younger than 16
• The defendant used force or coercion to accomplish the sexual penetration
• The defendant knows or should know of the other person’s physical or mental incapacity
• The other person is related to the defendant by blood or affinity to the third degree
• The other person is at least 16 but younger than 18 and a school student (or younger than 26 and receiving special education services), and the defendant is a faculty member or employee of the other person’s school

A person commits fourth-degree criminal sexual conduct if they engage in sexual contact with another person under any of the following circumstances:

• The other person is at least 13 but younger than 16, and the defendant is at least five years older than the other person
• The defendant used force or coercion
• The defendant knows or should know of the other person’s incapacity
• The other person is related to the defendant by blood or affinity to the third degree
• The defendant is a mental health professional, and the sexual contact occurs during or within two years of treatment of the other person
• The other person is at least 16 but younger than 18 and a school student (or younger than 26 and receiving special education services), and the defendant is a faculty member or employee of the other person’s school

Penalties for a Criminal Sexual Conduct Conviction

Penalties for criminal sexual conduct depend on the grading of the offense. A conviction for first-degree criminal sexual conduct carries a penalty of life imprisonment or for any term of years. Violations committed by a person 17 or older against an individual younger than 13 carry a minimum term of 25 years up to life imprisonment. Violations committed against an individual under 13 by a person 18 or older who has a prior criminal sexual conduct conviction carry a penalty of life without parole.

Second-degree criminal sexual conduct constitutes a second-degree felony punishable by a prison term of up to 15 years. A third-degree criminal sexual conduct conviction also carries a maximum prison term of 15 years. Finally, fourth-degree criminal sexual conduct constitutes a misdemeanor punishable by up to two years of incarceration, a fine of up to $500, or both incarceration and fines.

Additionally, a second or subsequent conviction for first-, second-, or third-degree criminal sexual conduct carries a mandatory minimum sentence of five years.

A criminal sexual conduct conviction also has other consequences. In some cases, a court may order an offender to lifetime electronic monitoring. Convicted individuals will also face sex offender registration requirements, which obligate them to report regularly to local law enforcement or the state police.

Finally, a conviction results in an individual’s having a criminal record that can impose a significant social stigma upon release. A criminal record can make pursuing employment, educational, and housing opportunities more challenging.

The potential penalties and consequences that may result from a conviction for criminal sexual conduct make obtaining experienced legal representation critical to protecting your reputation and future.

How Can an Attorney Help You with Your Charges?

A sex crimes defense attorney from Kirsch Daskas Law Group PLLC can help you face and resolve charges of criminal sexual conduct in Michigan by:

• Thoroughly investigating the allegations to obtain all available evidence in the case
• Evaluating your legal options, including identifying potential defense strategies based on the facts and evidence
• Ensuring you understand your charges and the potential outcomes so you can make informed decisions throughout your case
• Vigorously contesting the prosecution’s case, including moving to exclude or suppress unlawfully obtained or inadmissible evidence or to dismiss your charges for lack of evidence
• Pursuing the best possible resolution to your charges, even if that means going to trial to fight the prosecution’s case or advocate your innocence

Defense

Under Michigan law, the prosecutor only needs an accuser to claim that they were sexually assaulted in order to secure a conviction. Michigan statute MCL 750.520h says that the testimony of the victim does not need to be corroborated in cases of criminal sexual assault. As a result, the accuser can take the witness stand, accuse the defendant, and, if the jury believes the accuser, the defendant will be convicted.

Here are some defense strategies your criminal defense attorney might consider when handling your sex crime case:

1. The Alleged Assault Never Happened –This defense is applicable when there are no admissions by the defendant regarding the sexual act, and there is a lack of physical evidence supporting the occurrence of a crime.

2. Consent or Perceived Consent– Sometimes, individuals who have consensual sex may later claim it was non-consensual. This can occur for various reasons, including relationship conflicts or other motivations. This defense is particularly effective if there is evidence of a prior consensual relationship or if both parties engaged in behaviors suggesting consent.

3. Mistaken Identity– Mistaken identity can be a viable defense, especially in cases with minimal evidence linking the defendant to the alleged crime. To successfully use this defense, the defendant must present a solid alibi demonstrating they were elsewhere at the time of the alleged offense. This may require witness testimony, receipts, or even mobile phone tracking data to establish where the defendant was during the incident.

4. Illegally Obtained Evidence-If evidence used against you was obtained unlawfully—such as through an illegal search—your attorney can argue for its exclusion from the case. Police must have a valid search warrant or probable cause to conduct searches; failure to adhere to legal standards can result in evidence being dismissed. An experienced sex crimes attorney can navigate these legal issues to build a defense around this strategy.

5. Manipulation-In cases involving minors, false allegations can arise from coaching or manipulation. Sometimes, children may be encouraged to make claims for various reasons, including revenge or misinterpretation of events. If evidence suggests that the child has been influenced or manipulated into making false accusations, this can be a significant part of your defense strategy.

In addition, a criminal defense lawyer will gather evidence about the accuser that can be used to undermine their credibility. A criminal defense attorney can investigate whether:

• The accuser ever accused anyone else of criminal sexual conduct;
• The accuser has a motive to fabricate their testimony;
• Questioning by law enforcement suggested certain answers;
• Evidence was handled improperly; and
• Police made mistakes in the investigation

Contact Our Firm Today for Experienced Legal Advocacy

Following an arrest for criminal sexual conduct in Michigan, you need experienced and aggressive legal help to defend your rights and reputation. Contact Kirsch Daskas Law Group PLLC today for a free, no-obligation consultation with an experienced criminal defense attorney to discuss your legal options for obtaining a favorable resolution to your charges.