How We Stopped a Criminal Sexual Conduct Charge in Michigan

In Michigan, sex crime charges, called criminal sexual conduct (CSC), is governed by the Criminal Sexual Conduct Act (CSC Act), outlined in MCL 750.520a et seq. The CSC Act covers a wide range of sexual misconduct, distinguishing offenses based on the method of assault and specific circumstances surrounding the incident. Beyond the CSC Act, the Michigan Legislature has also enacted laws that address other forms of sexual misconduct.

Sexual assault in Michigan is defined as an act where a person forces or coerces another into unwanted sexual contact. This contact can involve penetration or the touching of private body parts. Perpetrators may take advantage of victims who are asleep, unconscious, under the influence of drugs or alcohol, or otherwise physically helpless. Under Michigan law, this type of assault is classified as Criminal Sexual Conduct (CSC).

Sex crimes in Michigan are designed to prevent sexual assaults by consolidating and defining various sexually assaultive crimes under one comprehensive framework.

The Michigan Legislature has defined six specific criminal sexual conduct offenses:

1. First-degree criminal sexual conduct (CSC-I) - MCL 750.520b
2. Second-degree criminal sexual conduct (CSC-II) - MCL 750.520c
3. Third-degree criminal sexual conduct (CSC-III) - MCL 750.520d
4. Fourth-degree criminal sexual conduct (CSC-IV) - MCL 750.520e
5. Attack aimed at engaging in unlawful sexual activity that includes sexual penetration - MCL 750.520g(1).
6. Attempted assault aimed at engaging in second-degree sexual criminal behavior - MCL 750.520g(2).

These offenses are categorized into degrees, where the severity of the crime is based on factors such as whether the assault involved surface contact or bodily penetration. Specific circumstances can elevate the severity of the offense, such as escalating a third-degree offense to first-degree or a fourth-degree offense to second-degree. These gradations help differentiate between the levels of harm inflicted on the victim.

The best thing someone can do when notified of sexual crime charges is immediately call an attorney for help. The longer one waits, the more one talks, the worse it can get. The more likely charges are filed. The more likely it is you go to jail for something you didn’t do.

That’s why, in the most recent of many pre-charge sexual assault allegations the Barone Defense Firm have handled, it was good our client called us when he did. He was innocent of these allegations, so it felt natural to explain and deny. But, as time went on and law enforcement kept asking questions, he began to realize he needed help.

A father with two daughters, both facing mental health challenges, is in a difficult situation. One daughter, the alleged victim, began showing signs of self-harm at school. Concerned, the parents sent her to inpatient treatment. In therapy she accused her father of a sex offense of inappropriate touching.

The therapist, required by law to report, contacted law enforcement, bringing in Child Protective Services (CPS). CPS advised our client to leave the home, and he complied. Wanting to prove his innocence and show he was a good father, he continued cooperating with CPS. However, this only led to more investigation and doubt from CPS and the police.

At this time, our client finally realized he needed help. The thought of facing the embarrassment of a public charge of Criminal Sexual Conduct against his own child was too much. The months and months of dealing with court hearings. The hundreds of days being unsure about his future and freedom. It was too much.

When facing criminal charges, he began searching for a sex crimes attorney. These allegations were hard to discuss, but during a free consultation, attorney Ryan Ballard made him feel confident that the Barone Defense Firm was the right choice to help him fight the charges and potentially avoid jail time and sex offender registration. Legal defenses and options were also discussed.

After meeting extensively with our client and gaining a full understanding of the allegations, defense strategies, and family history, our Senior Attorney recommended the Client get an independent polygraph examination done. The Client passed the polygraph and we ensured that the detective on the case received the results.

Eventually, the daughter recants the allegation, but CPS doesn’t care and continues their investigation. Our attorney spoke extensively with the detective and prosecutor assigned to the investigation. Meanwhile, the Client and his wife are constantly dealing with CPS, who refuse to believe them that the daughter is recanting and nothing actually happened.

Throughout the pre-charge phase, we counsel our client on how best to communicate with CPS to protect his parental rights. Through this counsel and strong advocacy for the Client, CPS finally goes to the school where the teachers affirm the daughter recanted. Shortly thereafter, CPS and law enforcement finally drop the case.

This case shows that the momentum in this pre-charge CSC case changed once the defense lawyers at the Barone Defense Firm got involved. We were able to help the client avoid charges.

If you’re facing sexual assault allegations, don’t go at it alone. The Barone Defense Firm criminal defense attorneys provide experienced and compassionate help to deliver the best chance at avoiding a Criminal Sexual Conduct charge.