Criminal Sexual Conduct 4th Degree ("CSC 4") in Michigan is classified as a Misdemeanor, but it is extremely serious. What makes something a "Misdemeanor" is that it is punishable by 1 year or less in the County Jail. But Criminal Sexual Conduct 4th Degree carries up to 2 years in Prison. And, after Jail or Prison time is served, Criminal Sexual Conduct 4th Degree means you'll be on the public Sex Offender Registry for either 15 or 25 years, depending on the age of your accuser.
And here's the worst part... ...a wrongful conviction for Criminal Sexual Conduct 4th Degree in Michigan can result from a mistaken touching of the wrong part of the clothing covering certain parts of the alleged victim's body. If you are accused of Criminal Sexual Conduct 4th Degree, your freedom and future depend on the skills and dedication of a Sexual Assault defense attorney like Brian J. Prain of Prain Law, PLLC. Contacting an outstanding Criminal Defense Attorney is the beginning of an outstanding defense.
RELATED: click here for our Main Page for Fourth Degree Criminal Sexual Conduct.
"Facing charges of Criminal Sexual Conduct 4th Degree is extremely serious, and there is a real risk of Jail or Prison time. In-fact, although CSC 4 is a "Misdemeanor," it is procedurally treated exactly like a Felony. By preparing and investigating, we've had Criminal Sexual Conduct 4th Degree charges completely dismissed after the Preliminary Examination. But that's no easy task, and something like that isn't going to happen with a Public Defender who just picked-up your file moments before the hearing." - Brian J. Prain, Michigan Criminal Sexual Conduct Defense Attorney.
You should know that in Michigan, basic Criminal Sexual Conduct (CSC) charges are broken-down into four "Degrees": First Degree Criminal Sexual Conduct, MCL 750.520b; Second Degree Criminal Sexual Conduct, MCL 750.520c; Third Degree Criminal Sexual Conduct, MCL 750.520d; and Fourth Degree Criminal Sexual Conduct, MCL 750.520e.
So what exactly is CSC 4th Degree in Michigan? The actual Michigan Criminal Sexual Conduct 4th Degree law is MCL 750.520e. It's worth a read, but if you really want to figure out the likelihood of conviction so you can begin to decide whether to take the case to Trial, you need to read the Criminal Sexual Conduct 4th Degree law just as the Judge would read it to a Jury. Here is standard Michigan Model Criminal Jury Instruction 20.13 for Criminal Sexual Conduct 4th Degree: "
(1) The defendant is charged with the crime of fourth-degree criminal sexual conduct. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant intentionally [touched (name complainant) ’s / made (name complainant) touch (his / her)] [genital area / groin / inner thigh / buttock / (or) breast] or the clothing covering that area.
(3) Second, that this touching was done for sexual purposes or could reasonably be construed as having been done for sexual purposes. (4) Third, that the defendant used force or coercion to commit the sexual act. “Force or coercion” means that the defendant either used physical force or did something to make [name complainant] reasonably afraid of present or future danger. AND/OR...
(4) Third, that [name complainant] was [mentally incapable / mentally incapacitated / physically helpless] at the time of the alleged act. [Definitions omitted]
(5) (if the above paragraph is read) Fourth, that the defendant knew or should have known that [name complainant] was [mentally incapable / mentally incapacitated / physically helpless] at the time of the alleged act."
RELATED: Click Here for Information about the Michigan Criminal Sexual Conduct court process, including the Probable Cause Conference and Preliminary Exam.
But who is to say the alleged touching was intentional or not? The bottom-line is that it is very easy for things to be mistaken, and for anyone to be wrongfully convicted of Criminal Sexual Conduct 4th Degree. And once you're convicted, you can serve up to 2 years in State Prison and spend 15 to 25 years as a registered sex offender, where anyone can search by zip code and your name will come up. It may be impossible to find a job or even a place to live. Don't mess around if you're accused of Criminal Sexual Conduct 4th Degree. At Prain Law, PLLC, we specifically concentrate on defending those accused of Assaultive crimes, including Sexual Assaults like Criminal Sexual Conduct 4th Degree under MCL 750.520e. Put a proven winner on your side and AVOID JAIL!