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Sexual Assault Lawyer in Lapeer County

Working Personally to Defend individuals in Tuscola and Sanilac County

At Bernard Anthony Jocuns & Associates, Lapeer sexual assault attorney Attorney Bernard Jocuns is ready to get started on your case and begin defending you. He knows that the people he serves come first and focuses on protecting their rights and futures. Recognizing what's at stake, he wastes no time in researching the facts, working with an investigator to collect exculpatory evidence on your behalf. 

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What Is Criminal Sexual Conduct?

In Michigan, sexual assault (rape) is referred to as criminal sexual conduct. Separated into four degrees, the offense is either a misdemeanor or felony. The seriousness of the crime is based on the type of conduct, the number of alleged offenders, whether the actor used any weapons, whether the alleged victim suffered injuries, and the alleged victim's age. 

For any sexual assault conviction, the penalties can include fines, incarceration, and/or a requirement to register as a sex offender. If you have been accused, reach out to an experienced sexual assault lawyer in Lapeer, Michigan. 


To get started on your defense, call Michigan sexual assault attorney Bernard Jocuns at (810) 255-4033 or submit an online contact form today.


 

What Constitutes Sexual Assault in MI?

As mentioned earlier, Michigan has four degrees of sexual assault. The statutes on first- and third-degree concern sexual penetration of another person, whereas second- and fourth-degree concern sexual contact. The specific laws on sexual assault and the conduct constituting a violation will be discussed in greater depth shortly. First, however, it's necessary to examine the distinctions between sexual penetration and sexual contact.

Under MCL 750.520a, sexual contact includes intentionally touching a person's intimate parts or the clothing over their intimate parts. Additionally, the touching was done for sexual purposes.

Intimate Parts Are a Person’s:


  • Genital area,
  • Groin,
  • Inner thigh,
  • Buttock, or
  • Breast.

Sexual Penetration Includes the Following:


  • Sexual intercourse
  • Oral sex
  • Anal intercourse
  • Any intrusion of the actor's body or other objects into the alleged victim's genital or anal opening

What Is First-Degree Criminal Sexual Conduct?

First-degree criminal sexual conduct is defined in MCL 750.520b. It is considered the most severe level of sexual assault.

A Person Commits First-Degree Criminal Sexual Conduct if They Engage in Sexual Penetration With Someone:


  • Under 13 years of age;
  • At least 13 years of age but under 16 years of age and they are;
    • The alleged victim's household member,
    • Related to the alleged victim by blood or marriage to the fourth degree,
    • In a position of authority over the alleged victim, or
    • An employee of a school or child care organization;
  • While committing a felony;
  • And committed the offense with one or more other people, and the actor
    • Knew the alleged victim was incapable or helpless to resist, or
    • Used force or coercion;
  • And the actor was armed with a weapon; or
  • And the actor used force or coercion or knew the victim was incapable of or unable to resist and caused personal injury.

Although first-degree criminal sexual conduct is a severe offense, your case is not hopeless. Michigan sexual assault defense lawyer Bernard Jocuns will thoroughly review the facts to determine what defenses can be raised.

What Is Criminal Sexual Conduct 2nd Degree? 

According to MCL 750.520c, second-degree criminal sexual conduct is committed when someone sexually contacts another person.

To Be an Offense Under the Statute, the Contact Must Have Been Committed:


  • Upon a person under 13 years of age;
  • Upon someone at least 13 but less than 16 years of age and the actor is
    • The alleged victim's household member, 
    • Related by blood or marriage to the alleged victim to the fourth degree,
    • In a position of authority over the alleged victim, or
    • A school or daycare employee;
  • During the commission of a felony;
  • In concert with one or more other people and the actor
    • Knew that the alleged victim was incapable or helpless to resist, or
    • Used force or coercion;
  • With a weapon;
  • By using force or coercion or upon someone the actor knew was incapable or helpless to resist and they caused bodily injury to the other person;
  • When the alleged victim is incapable or helpless to resist, and the actor is
    • Related to the other individual by blood or marriage to the fourth degree,
    • In a position of authority over the victim, or
    • An employee or volunteer of a correctional facility housing or monitoring the alleged victim.

If charged with second-degree criminal sexual conduct, it's crucial to have a Lapeer sexual assault lawyer on your side ready to fight for you. Mr. Jocuns can provide the defense you need.

What Is Criminal Sexual Conduct 3rd Degree?

Like first-degree, a person commits third-degree criminal sexual conduct when they engage in sexual penetration with another individual (MCL 750.520d). Separating the two offenses are the circumstances in which they occur. 

Third-Degree Criminal Sexual Conduct Is Committed When:


  • The alleged victim is at least 13 years of age but under 16 years of age;
  • The actor used force or coercion;
  • The alleged victim was incapable of resisting;
  • The alleged victim and actor are related by blood or marriage to the third degree;
  • The alleged victim is a student of at least 16 years of age but less than 18, and the actor is a school employee or contractor;
  • The alleged victim is at least 16 but less than 26 and in a special education program, and the actor is an employee or contractor of the program; or
  • The actor is an employee, contractor, or volunteer of a child care organization where the alleged victim is a resident.

Third-degree criminal sexual conduct might be considered lesser than the previous two degrees, but a charge should still be taken seriously. Lapeer County sexual assault lawyer Mr. Jocuns will give you and your case the attention you deserve.

What Is Fourth-Degree Criminal Sexual Conduct?

The elements of fourth-degree criminal sexual conduct are enumerated in MCL 750.520e

Conduct Prohibited Under the Statute Includes Engaging in Sexual Contact With Someone:


  • At least 13 years of age but less than 16 years of age when the actor is 5 years or more older;
  • By using force or coercion;
  • When the other individual is incapable or helpless to resist;
  • Related to the actor by blood or marriage to the third degree;
  • When the actor is a mental health professional and the alleged victim is one of their clients;
  • At least 16 years of age but under 18 years of age and the actor is an employee or contractor of the school; or
  • At least 16 years of age but less than 26 years of age who's in a special education program, and the actor is a teacher, contractor, or volunteer of the program.

Learn how Lapeer sexual assault attorney Bernard Jocuns can fight your charge by reaching out to Bernard Anthony Jocuns & Associates today. Our law firm services individuals in Lapeer County, Tuscola County and Sanilac County.

What Are the Penalties for Sexual Assault in MI?

For the most part, the number of years you can get for sexual assault in Michigan depends on what degree you were charged with. However, other things may factor into the sentencing.

The Potential Penalties for Criminal Sexual Conduct Include:


  • First-degree (felony)
    • Life or any term of years in prison
    • 25 years to life (if the actor was 17 years of age or older and the alleged victim was under 13 years of age)
    • Lifetime electronic monitoring
  • Second-degree (felony)
    • Not more than 15 years in prison
    • Lifetime electronic monitoring (if the actor was 17 years of age or older and the alleged victim was less than 13 years of age)
  • Third-degree (felony)
    • Not more than 15 years in prison
  • Fourth-degree (misdemeanor)
    • Up to 2 years in jail

When people see the maximum punishments they can face for a sexual assault conviction in Michigan, they might become anxious about what this could mean for their future. However, excessive worry about the outcome of a case is not very productive because the maximum penalties are not a certainty.  Attorney Bernard Jocuns will help ease some of your fear and stress by helping you focus on the here and now. He will walk you through the steps in the justice process and discuss your options for pursuing a favorable result.

Speak with a Michigan Sexual Assault Lawyer

For clear and honest legal representation, reach out to Bernard Anthony Jocuns & Associates. Mr. Jocuns can work with you personally in Lapeer County, Tuscola County or Sanilac County. Additionally, he can provide the advice and guidance you need for your unique situation. Mr. Jocuns diligently prepares for cases and will ensure that your voice is heard. In the courtroom is where his talents shine, able to present compelling arguments in front of a judge or jury. He can seek an optimal result on your behalf.


To schedule your free consultation with a skilled sexual assault defense attorney in the Lapeer County area, contact Mr. Jocuns at (810) 255-4033.


 

  • “I felt very confident with him representing me in court and he ultimately helped me win back not only my reputation, but also my freedom. I owe this man my life. Thank you, Bernard Jocuns.”

    - Jordan F.
  • “I would highly recommend Bernard is one of the candidates you discuss your legal needs with before hiring and be reassured from my perspective you won’t be disappointed.”

    - Kory B.
  • “Mr. Jocuns is truly a blessing.. This is the guy that will get the job done... feels good having him by ur side.

    - Pheng L.
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