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First Degree CSC Penalties - Will I go to Jail for CSC 1?

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First Degree CSC PenaltiesIn Michigan, the major sex crimes including rape are called Criminal Sexual Conduct ("CSC"). The most serious of all sex crimes is called First Degree Criminal Sexual Conduct, MCL 750.520b. It goes without saying that hiring an excellent Criminal Defense Attorney and avoiding a conviction is a first priority. This page specifically addresses the punishments and other penalties for a person convicted of First Degree Criminal Sexual Conduct. For extensive, detailed information about this crime, including it's definition, visit our First Degree Criminal Sexual Conduct Main Page. This page discusses not only the actual sentence for CSC 1, but also the other ways that a conviction impacts an accused person's life. Click this link to read the story of another NOT GUILTY Jury verdict by CSC Attorney Brian J. Prain on First Degree CSC charges.
RELATED: Soccer coach Jason Niemasz sentenced to 31 years for First Degree CSC for allegedly raping 12 year-old.
Officially, the penalty for CSC 1 is "life or any term of years," and if a person makes it out of Prison, they will have mandatory "lifetime electronic monitoring." This means the person must permanently wear a GPS tracking for any portion of life outside Prison after the entire sentence is served. On top of that, MCL 750.520b contains extra harsh sentences in certain cases depending on the ages of the accused and the accuser. For example, if the accused is 17 or older and the alleged victim is under age 13, the law says that upon conviction for First Degree Criminal Sexual Conduct, the Court must sentence the accused to a minimum of 25 years in State Prison. Even worse, if the accused is 18 or older and the alleged victim is under 13, the Court must sentence the accused to "life without the possibility of parole" if the accused has previously been convicted of CSC on someone under 13. Also, if you are convicted of CSC 1, you will be locked-up or "remanded" to Jail immediately; there is no opportunity to go get your life in order and then show-up for Sentencing (See MCL 770.9a). The message is clear: Michigan takes First Degree Criminal Sexual Conduct extremely serious. If you are convicted of CSC 1, you are going to Prison. Of course [with the exception of mandatory sentences under 750.520b(2)(b)-(c)], an individualized sentence for each accused will be calculated under the Michigan Sentencing Guidelines, which is a complex combination of "prior record variables" and "offense variables." A person accused of committing 1st Degree CSC must do everything in their power to avoid a conviction. Each year, more and more innocent accused people go to Prison for CSC crimes they didn't commit. Need proof? Just ask Walter Swift, a falsely accused man who spent 26 years in Prison. The causes range from lying witnesses to evidence withheld by Police and Prosecutors, and bad defense lawyers who just don't care; who just don't see the seriousness of having their clients' lives in their hands.
RELATED: Michigan Prisoner Pleads Guilty to Killing Child Molester Cellmate...
For those convicted of First Degree Criminal Sexual Conduct in Michigan who are eventually released from Prison, they'll still live in an invisible Prison for the rest of their life because of: 1) being placed on the Michigan Sex Offender Registry for the rest of their life (unless Michigan's Romeo and Juliet law applies); and 2) mandatory GPS monitoring for the rest of their life outside Prison, tracking their every move. Once on the Sex Offender Registry, any member of the public can go online and conduct a search by name or location and instantly find out where they live and work. For example, a parent can search their own home address on the registry and find out if a Sex Offender works near them. Naturally, this means no employer wants to hire this person, and just sustaining life becomes an issue. If a curious person wants to, they can search the Registry by name, making it impossible to start or maintain a romantic relationship. Being within 1000 feet of a school is prohibited, and even attending school to better their life is difficult because one must first notify the Police and it may cause an application to be denied. Because CSC 1 is a "Tier 3 offense," the person must "report" 4 times per year. The entire net effect of being placed on the Sex Offender Registry cannot be summarized in any one single page, but suffice it to say that being on the Sex Offender Registry has been aptly described as "an invisible Prison." In summary, a person convicted of First Degree Criminal Sexual Conduct in Michigan will end up in State Prison, perhaps until death without the possibility of Parole. If they are released from Prison, they'll spend the balance of their lifetime being tracked by a GPS tracker and on the Sex Offender Registry. Either way you look at it, a conviction for CSC 1st Degree is a life sentence. Avoid a conviction at all costs, and as always, never speak to the Police until first speaking to the best Criminal Defense Lawyer you can find, and remember that a trial is not something to be feared - it's YOUR RIGHT.