The specific act of either sexually penetrating or assaulting someone has a very degrading effect on the victim. It is one thing to take someone’s money, but another altogether to take someone’s sense of freedom and security. This often has a much more lasting impression on the alleged victims than many other types of crimes.
Although the crime is treated incredibly seriously, there are a few defense strategies available in Michigan for the various types of sex crimes. However to ensure the strongest possible defense is used for your case, consult with an experienced sex crimes attorney.
There is a lot of pressure from the community in a Michigan sex crimes case to prosecute the accused individual harshly. Additionally, there tends to be more publicity that goes into these cases, such as individuals from local women’s shelters and various rights advocates speaking out in support of the alleged victim.
As such, it is very important for an accused individual to know that they are going to be up against not just the prosecution, but a lot of different agencies within the prosecutor’s office. Law enforcement usually has a special taskforce, depending on the county, that will deal with the sexual assault crimes. This is because they are a specific branch that can be delineated, and because the specific knowledge of the prosecutors can go a long way to establishing either a conviction or some sort of deal on the case.
It is very important to understand that these crimes are looked at very seriously, which is why an individual would want to make sure that they have an experienced attorney who knows how to craft a strong legal defense when they are facing a sex crimes charge in Michigan.
The most important thing in a sex crimes case is that the crimes involve using force or coercion to take advantage of someone. In Michigan, the various elements of a sex crime are listed under the sexual conduct degree levels. The details that are listed within those sexual conduct levels are specific penalties, including minimum penalties, and some include sexual offender registry penalties.
When an attorney looks at what these elements are, how they build their sex crimes defense will depend on what exact offense their client was charged with. For example, the type of crime can vary dramatically based upon the victim. In cases of sexual intercourse with children, whether the person is under 13 years of age or whether somebody is between 13 and 16 or whether they are between 16 and 18 dramatically change the severity of the crime. A lawyer must first determine the specifics of their client’s charge before preparing a proper Michigan sex crimes defense.
High schoolers can sometimes consent to the contact, but the law prevents them from giving that consent. This is often a big issue as far as elements go in preparing a proper Michigan sex crimes defense. There are other elements as well, such as whether force or coercion was a factor and to what degree it was enacted.
Primarily, a lawyer is there to speak on behalf of their clients. Secondly, they are there to help make sure the collecting and reviewing of evidence is done correctly. Due to the complexity of the process, these are both elements that an individual should only try and pursue with the experience of a lawyer. It is also important that an individual prepares the proper witnesses. An individual will want to be able to prepare themselves against other witnesses to help dismiss their testimony.
Because there are many different variables that go into defending a Michigan sex crimes case, an individual will want to enlist experienced legal counsel who understands the intricacies of such a case and how to go about best presenting a proper sex crimes defense, not only to a jury but also to everyone in between.
Further, an individual should understand where their charge comes from. Many times, things can be taken out of proportion and an individual should be prepared with a legal defense to best take on the prosecution. A lawyer will try to discover what actually happened, if it happened as the individual states, and whether something may have been taken out of context.
A lawyer will also act as a support system to their client, as the charges can sometimes be severely overwhelming. While acting as a support system, the lawyer will be able to guide them through the process and prepare them as effectively as possible.