Skilled Defense Against Sex Crime Allegations
Being arrested for a sex offense is an embarrassing and frightening ordeal. You may be anxious after seeing the maximum punishments for a conviction. You are likely stressed about how the allegations will affect your family and your standing in the community.
At Jocuns Law Firm, my team and I take a holistic approach to sex crime defense. We are concerned about you as a person, your rights as a citizen, and the impact on your future. We strongly believe that everyone is entitled to the presumption of innocence and a robust defense. The more serious the offense, the more important it is to have an experienced attorney fighting for you. I tailor my defense to the specific accusations and your unique circumstances.
Any And All Sex Offenses, Anywhere In Michigan
I am Bernard Jocuns, a criminal defense trial lawyer in Lapeer. In 20 years of practice, I have handled every level of sex crime allegations, including:
- Rape and attempted rape
- Sex with minors or soliciting minors online
- Sexual abuse of children
- Child pornography charges
- Prostitution offenses
- Indecent exposure
In Michigan, many of these offenses are charged as “criminal sexual conduct” (CSC). There are different levels of CSC, with corresponding penalties (outlined below). Most sex crimes are felony crimes, carrying both prison time and mandatory sex offender registration upon conviction. My goal is to spare clients from that fate if at all possible, which often means fighting the charges at trial.
Exhausting Every Defense
I am not a lawyer who automatically seeks a plea deal. I provide a true defense. I frequently have to counter overzealous prosecution of sex crimes. So many cases are based on a complaining witness without any physical evidence. Many cases originate from a teacher or doctor or other mandated reporter who triggers an investigation for child molestation or unlawful sexual activity with a minor. Sometimes an unmarried parent or ex-spouse alleges sexual abuse as a lever in custody proceedings or coaches a child to make accusations.
My job is to question everything and challenge the prosecution’s assumptions and version of events. My thorough and proactive approach to sex crime allegations has led to dismissals, acquittals and other favorable outcomes.
What Is Criminal Sexual Conduct?
In Michigan, sexual assault (rape) and other sex crimes are 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 age of the alleged victim.
What Constitutes Sexual Assault In Michigan?
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 for sexual purposes. The intimate parts are genital area, groin, inner thigh, buttocks and breasts.
Sexual penetration refers to sexual intercourse, oral sex, anal intercourse or 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 CSC 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
- An employee of a school or child care organization
- While committing a felony
- Committed the offense with one or more other people, and the actor:
- Knew the alleged victim was incapable or helpless to resist
- Used force or coercion
- The actor was armed with a weapon
- 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. I will thoroughly review the facts to determine what defenses can be raised.
What Is Criminal Sexual Conduct In The Second Degree?
According to MCL 750.520c, second-degree criminal sexual conduct is committed when someone sexually contacts another person:
- Under 13 years of age
- 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
- 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
- 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
- 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 sex crime defense lawyer on your side ready to fight for you.
What Is Criminal Sexual Conduct In The Third Degree?
Like first-degree, a person commits third-degree criminal sexual conduct when they engage in sexual penetration with another individual (MCL 750.520d). Third-degree CSC occurs 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
- 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 the charge must still be taken seriously because of the penalties upon conviction.
What Is Fourth-Degree Criminal Sexual Conduct?
Fourth-degree criminal sexual conduct, under MCL 750.520e, is 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
- 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
Fourth-degree CSC is a misdemeanor crime but still carries possible incarceration.
What Are The Penalties For Sexual Assault And Criminal Sexual Conduct In Michigan?
The potential prison term depends on what degree you were charged with and other factors that may enhance or mitigate the punishment. Criminal sexual conduct in Michigan carries the following penalties:
- 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
What Sex Crimes Require Sex Offender Registration In Michigan?
Virtually all sex offenses are subject to Michigan’s Sex Offender Registration Act (SORA), including possession of child pornography and most offenses covered under fourth-degree criminal sexual conduct. A registered sex offender must check in annually with law enforcement and notify authorities upon any change in residence, employment, school or name changes.
Those considered the greatest danger to the community, Tier III, are subject to the highest restrictions and reporting requirements. Tier III offenders must register for life, Tier II for 25 years and Tier I for 15 years.
It is extremely difficult to get off the sex offender registry. The best hope is to avoid a conviction in the first place. At Jocuns Law Firm, we understand that the stigma and burdens of sex offender status have a profound impact on a person’s freedom and future. We are committed to aggressively fighting criminal charges to keep you off the SORA list.
Speak With A Michigan Sexual Assault Lawyer
Reach out to Jocuns Law Firm for clear and honest legal representation. I will personally handle your sex crime defense. I regularly represent the accused in Lapeer County, Genesee County, Tuscola County and Sanilac County, and have litigated cases across Michigan. I am fully prepared to represent clients at every stage of the criminal justice system, including trials and appeals.
To schedule your free consultation, call my firm today at 810-498-2772 or use the online form.