If you are charged with Criminal Sexual Conduct 3rd Degree (CSC 3rd) 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, 3rd Degree is a class B felony that carries up to 15 years in prison (180 months). If you are arrested and charged with Criminal Sexual Conduct 3rd Degree (CSC 3rd), 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 3rd Degree (CSC 3rd) is detailed in the Michigan compiled laws, MCL 750.520d. The provisions of MCL 750.520d state:
(1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:
(a) That other person is at least 13 years of age and under 16 years of age.
(b) Force or coercion is used to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in section 520b(1)(f)(i) to (v).
(c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.
(d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.
(e) That other person is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:
(i) The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district. This subparagraph does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation.
(ii) 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.
(f) That other person is at least 16 years old but less than 26 years of age and is receiving special education services, and either of the following applies:
(i) The actor is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public school, nonpublic school, school district, or intermediate school district from which that other person receives the special education services. This subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation.
(ii) The actor 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.
(g) 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, that other person is at least 16 years of age, and the sexual penetration occurs during that other person's residency. As used in this subdivision, 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.
(2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than 15 years.
Criminal Sexual Conduct 3rd Degree (CSC 3rd) under Michigan sentencing guidelines is scored under crimes against a person (Person). Under the guidelines, a person who is convicted of Criminal Sexual Conduct, 3rd Degree with no prior record and no aggravating factors looks to the low end of the guidelines which call for up to 18* months. With no prior criminal record but horrible facts, the defendant can face 60 months. With a terrible criminal record and terrible facts, the accused can be looking at 160^ months under the guidelines.
The jury instructions set forth the following elements for Criminal Sexual Conduct, 3rd Degree that must be proven beyond a reasonable doubt by the prosecuting attorney:
M Crim JI 20.12 Criminal Sexual Conduct in the Third Degree
(1) The defendant is charged with the crime of third-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 one of the following:]
(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 following alternatives, M Crim JI 20.14, M Crim JI 20.14a, M Crim JI, 20.14b, M Crim JI, 20.14c, M Crim JI, 20.14d, M Crim JI 20.15, M Crim JI 20.16, or M Crim JI, 20.16a, as warranted by the evidence.]
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 3rd Degree (CSC 3rd). While there are a number of defenses to Criminal Sexual Conduct, 3rd Degree that we can explore during a consultation, the elements contained in M Crim JI 20.12 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.
*represents an aberration under the guidelines that might result in county jail time or violate the 2/3rd maximum minimum rules under the guidelines, which is something that must be discussed with your attorney.