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Criminal Sexual Conduct 1st Degree (CSC 1st) in Livonia Michigan - Criminal Sexual Conduct, 1st Degree under 750.520b in 16th District Court Livonia, Michigan is a Class A felony that carries up to life in prison.

If you are charged with Criminal Sexual Conduct 1st Degree (CSC 1st) in Livonia, Michigan, you need the help of an experienced Livonia criminal defense attorney. I can provide you with nearly 20 years of experience and a willingness to fight and take cases to trial.

Criminal Sexual Conduct, 1st Degree is a class A felony that carries up to life in prison. If you are arrested and charged with Criminal Sexual Conduct 1st Degree (CSC 1st), your first court appearance will be an arraignment in the 16th District Court in Livonia, Michigan. Learn more about an arraignment now. At the arraignment, your case will be scheduled for a probable cause conference and a preliminary examination. Bond will also be addressed at the arraignment. The probable cause conference must be scheduled within 7 to 14 days of the arraignment with the preliminary examination scheduled within 5 to 7 days after the probable cause conference.

Following the preliminary examination, further proceedings are held in the Wayne County Circuit Court at the Frank Murphy Hall of Justice in downtown Detroit. If there is virtually any evidence supporting the prosecutor's case, it is extremely likely that the matter will be bound over in the district court. Nonetheless, I almost always challenge cases at the preliminary examination because it is the best opportunity that the defense is presented for challenging the evidence and developing the facts that will support defenses in the circuit court. DO NOT WAIVE THE PRELIMINARY EXAMINATION WITHOUT MAKING AN INFORMED DECISION.

The charge of Criminal Sexual Conduct 1st Degree (CSC 1st) is detailed in the Michigan compiled laws, MCL 750.520b. The provisions of MCL 750.520b state:

(1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:

 

(a) That other person is under 13 years of age.

 

(b) That other person is at least 13 but less than 16 years of age and any of the following:

 

(i) The actor is a member of the same household as the victim.

 

(ii) The actor is related to the victim by blood or affinity to the fourth degree.

 

(iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

 

(iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.

 

(v) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

 

(vi) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident, and the sexual penetration occurs during the period of that other person's residency. As used in this subparagraph, child care organization, foster family home, and foster family group home mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.

 

(c) Sexual penetration occurs under circumstances involving the commission of any other felony.

 

(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:

 

(i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

 

(ii) The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in subdivision (f).

 

(e) The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.

 

(f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances:

 

(i) When the actor overcomes the victim through the actual application of physical force or physical violence.

 

(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.

 

(iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, to retaliate includes threats of physical punishment, kidnapping, or extortion.

 

(iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.

 

(v) When the actor, through concealment or by the element of surprise, is able to overcome the victim.

 

(g) The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

 

(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:

 

(i) The actor is related to the victim by blood or affinity to the fourth degree.

 

(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

 

(2) Criminal sexual conduct in the first degree is a felony punishable as follows:

 

(a) Except as provided in subdivisions (b) and (c), by imprisonment for life or for any term of years.

 

(b) For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age by imprisonment for life or any term of years, but not less than 25 years.

 

(c) For a violation that is committed by an individual 18 years of age or older against an individual less than 13 years of age, by imprisonment for life without the possibility of parole if the person was previously convicted of a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age or a violation of law of the United States, another state or political subdivision substantially corresponding to a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age.

 

(d) In addition to any other penalty imposed under subdivision (a) or (b), the court shall sentence the defendant to lifetime electronic monitoring under section 520n.

 

(3) The court may order a term of imprisonment imposed under this section to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.

Criminal Sexual Conduct 1st Degree (CSC 1st) under Michigan sentencing guidelines is scored under crimes against a person (Person). Under the guidelines, a person who is convicted of Criminal Sexual Conduct, 1st Degree with no prior record and no aggravating factors looks to the low end of the guidelines which call for up to 35 months. With no prior criminal record but horrible facts, the defendant can face 180 months. With a terrible criminal record and terrible facts, the accused could be facing a life sentence under the guidelines.

The jury instructions set forth the following elements for Criminal Sexual Conduct, 1st Degree that must be proven beyond a reasonable doubt by the prosecuting attorney:

M Crim JI 20.1 Criminal Sexual Conduct in the First Degree

(1) The defendant is charged with the crime of first-degree criminal sexual conduct. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant engaged in a sexual act that involved:

[Choose (a), (b), (c), or (d):]

(a) entry into [name complainant]'s [genital opening / anal opening] by the defendant's [penis / finger / tongue / (name object)]. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.

(b) entry into [name complainant]'s mouth by the defendant's penis. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.

(c) touching of [name complainant]'s [genital openings / genital organs] with the defendant's mouth or tongue.

(d) entry by [any part of one person's body / some object] into the genital or anal opening of another person's body. Any entry, no matter how slight, is enough. It is alleged in this case that a sexual act was committed by [state alleged act]. It does not matter whether the sexual act was completed or whether semen was ejaculated.

(3) [Follow this instruction with one or more of the nine alternatives, M Crim JI 20.3 to M Crim JI 20.11, as warranted by the evidence. See the table of contents on p. 20-1 for a list of alternatives.]

I can't emphasize enough how important it is to focus on the jury instructions while preparing a defense to the offense of Criminal Sexual Conduct 1st Degree (CSC 1st). While there are a number of defenses to Criminal Sexual Conduct, 1st Degree that we can explore during a consultation, the elements contained in M Crim JI 20.1 provide a roadmap for defending the case. This is true in almost every single case, and really great defense attorneys focus early on these jury instructions.

As a cautionary note, you might be completely innocent but still face criminal charges. Even worse, you might be denied bail, forced to spend months in jail before you are vindicated. I have seen many cases where a truly innocent client is baffled, angry and scared, completely unable to understand why police and prosecutors are gunning to get a conviction. So long as probable cause is established at the preliminary examination, then the matter will be bound over for trial in the 3rd Circuit Court for the County of Wayne and further proceedings will be held in the Frank Murphy Hall of Justice in downtown Detroit. This is why it is so important that you contact an experienced Livonia criminal defense attorney to help you defend against criminal charges in the 16th District Court.

 

Call now for immediate help! (734) 591-0100

William Maze is an established Livonia Michigan attorney in Wayne County Michigan, and he has represented well over a thousand satisfied criminal defense clients across the state.  He has received multiple awards and recognitions, and he maintains a national reputation as one of the leading drunk driving defense attorneys in the country.  

  • Extensive training and education far beyond the average lawyer
  • Actually fights cases and is willing to go to trial
  • Past President of CDAM (2014-2015), the Criminal Defense Attorneys of Michigan
  • Member of the National College for DUI Defense
  • Member of the National Association of Criminal Defense Lawyers