Reduction, Dismissal, Delayed Sentencing for CSC 2nd and 4th Degrees
The defense lawyers at Grabel & Associates are committed to helping each client minimize the impact of these allegations. First and foremost, that means searching for ways to avoid a conviction. It can also mean reprieve through MCLA 771.1, which allows probation, a delayed sentence and dismissal for certain sex-based offenses.
Pursuant to MCLA 771.1 a defendant may be placed on probation for certain criminal offenses before being sentenced. While the statute does exclude some major sexual-based offenses, there are some offenses that are eligible for a delayed sentence under the statute. This includes criminal sexual conduct in the second-degree and criminal sexual conduct in the fourth-degree.
The way this statue works is when a defendant pleads guilty to certain offenses or is found guilty at trial, the judge can place the defendant on probation to be monitored by a probation officer for up to a maximum of one year. During this time, the defendant will have to comply with all terms of probation. This can include seeking employment and maintaining employment once defendant has a job, going to school, including community college, taking drug tests, or going to anger management and other appropriate classes. The defendant must also prove that he or she is worthy of treatment under this section and that it is the interests of justice to take advantage of the statute.
At the conclusion of the probationary period, defendant will be told to come back to court with his or her sex crimes defense lawyer. Instead of being sentenced and having a conviction for a sex crime entered on his or record, the charges will be dismissed and the case will be closed.
It should be noted that while defendant will not have a conviction for a Michigan sex offense, there will still be a record of the case that is available to the public.
Eligible Sex Offenses under MCLA 771.1
Second-Degree Criminal Sexual Conduct (CSC) in Michigan is a serious sexual offense that involves an alleged victim who is a child. While the statute excludes this specific offense, it would likely be difficult to get a judge to sentence a defendant under this section. Being convicted of criminal sexual conduct in the second-degree in Michigan is punishable by up to 15 years in prison and comes with a lot of collateral consequences. For this reason, if defendant is charged with criminal sexual conduct in the second degree, defendant should consult a sex crimes defense attorney who has experience representing defendants charged with this very serious offense and will do what is necessary to fight for your rights and will do whatever is reasonably possible to achieve the best possible outcome the facts will allow.
Under the deferred sentencing, a defendant who pleads guilty to fourth-degree criminal sexual conduct may be eligible for a delayed sentencing. Fourth-degree criminal sexual conduct (CSC) is an offense that involves contact with the alleged victim’s genital area, inner thigh, buttocks, groin, or breasts. However, this offense does not involve penetration. If there was sexual penetration, that would mean the defendant could be charged with criminal sexual conduct in the third degree, which is specifically excluded from the delayed sentencing statute.
The following elements apply:
- Defendant engaged in sexual conduct with another person and one of the following conditions is met:
- The alleged victim is between the age of 13 and 16
- Force or coercion is used to sexual penetration the alleged victim
- The defendant knew or had reason to know the alleged victim is mentally ill, mentally incapacitated, or physically helpless
- The alleged victim is related to the defendant by blood or marriage in the third degree, with some exceptions
- The alleged victim is between the ages of 16 and 18, and a school student, and
- The defendant is an employee or contract worker at the school and the alleged victim is a student or volunteer at the school, and the defendant used his or her work with the school to establish a relationship with the alleged victim
- The alleged victim is between the ages of 16 and 26 and is enrolled in special education, and
- The defendant works at the school and used that relation to establish a relationship with the alleged victim
Again, this is a very serious criminal offense, and anything that can be done to allow the defendant to avoid having a conviction on his or her record should be explored during defendant’s representation by an experienced Michigan sex crimes defense attorney. This offense is considered a misdemeanor punishable by a maximum or two years in prison and a fine of up to $500. Per common law, a misdemeanor was any offense that carried a maximum potential penalty of up to one year in prison. However, the legislature in Michigan has created a statutory definition of a misdemeanor that can include a two-year sentence. However, this is a maximum, as defined in the statute, and the judge can sentence a defendant to a lesser amount of time in jail or prison or simply placing the defendant on probation.
While is a serious criminal charge, despite it being a misdemeanor, it is important to remember than an arrest is not a conviction, and there is often a lot your sex crimes defense attorney can do to help you avoid a conviction.
Contact Grabel & Associates sex crime defense attorneys in Michigan.