Fourth Degree Criminal Sexual Conduct
Fourth Degree Criminal Sexual Conduct is one of several "Degrees" of Criminal Sexual Conduct ("CSC") under Michigan law. In terms of the maximum sentence the accused can receive, it is technically the least serious (like most crimes, CSC essentially goes in reverse order of severity from First Degree CSC, Second Degree CSC, Third Degree CSC, and then Fourth Degree CSC).
At Prain Law, PLLC, we're not like other Criminal Defense firms who have a "general practice" defending all types of crimes. Our focus is specifically concentrated on defending those accused of Criminal Sexual Conduct in Michigan, along with a few other assaultive crimes. But at any given time, anywhere from about 80 - 100% of our cases are Criminal Sexual Conduct. Attorney Brian J. Prain stands out from the crowd with unheard of record of trial verdicts of NOT GUILTY of Criminal Sexual Conduct. Brian has been recognized again and again in the legal community, including:
- One of the 18 Best Criminal Defense Lawyers in Detroit by Expertise.com
- D Business Top Lawyers
- Top 100 Criminal Defense Trial Lawyers in Michigan by The National Trial Lawyers
- Top 10 Criminal Defense Attorneys in Michigan by National Academy of Criminal Defense Attorneys
- Featured in Super Lawyers Magazine
When it comes to Fourth Degree Criminal Sexual Conduct ("CSC 4" for short), you can access very detailed information from our Sex Crimes Main Page, and also from the many Criminal Sexual Conduct blog articles and other features that address every single aspect of CSC 4. If you wish to invest the time in reading all of our content, you'll find that nearly every question that arises in these cases is addressed in detail. But we also recognize that sometimes, we need all of the information simplified and brought together in one convenient place. So think of this page as if it were the back of a baseball trading card, or a "Cliff's Notes" summary of a book. Feel free to click any of the links below to delve deeper into any specific topic of interest.
Now, here are some essentials on the law of Fourth Degree Criminal Sexual Conduct:
- What is the specific Michigan Fourth Degree CSC law? MCL 750.529e
- Official name by Statute: "Criminal Sexual Conduct in the Fourth Degree"
- Other names referred to as: "Fourth Degree Criminal Sexual Conduct," "CSC 4th Degree," "CSC 4," "Fourth Degree CSC," to name a few. They are used interchangeably.
- What is the Maximum Penalty for CSC 4? Can I get Jail or Prison for CSC 4? Yes, you can get Jail time (Jail is always 1 year maximum) or even Prison time for up to 2 years, even though Fourth Degree Criminal Sexual Conduct is technically a "Misdemeanor."
- What is a typical Sentence for Fourth Degree CSC: It's difficult to say for CSC 4 in particular, because they are highly case-specific. Assuming CSC 4 is the original charge, a Probation sentence is often possible with a top Michigan Criminal Sexual Conduct Defense Attorney.
- Do the Michigan Sentencing Guidelines apply to Fourth Degree Criminal Sexual Conduct? Yes, although it's a "Misdemeanor," felony Sentencing Guidelines apply, and Fourth Degree CSC is a "Class G" offense against a person (Crime Group: "Person").
- Sex Offender Registration (SORA): Depends on the facts of the case, generally as follows...
- Tier 3, lifetime public registration if the alleged victim is under 13 and you are 17 or older
- Tier 2, 25 year public registration if the alleged victim is between 18 and 18
- Tier 1, 15 year non-public registration if the alleged victim is over 18
- What does the Prosecution have to prove to convict someone of Fourth Degree Criminal Sexual Conduct?
- 1) "Sexual Contact," as defined by Michigan law (click the link to the left for the Michigan definition of "Sexual Contact" in CSC cases)
- 2) Some additional fact or circumstance making the Sexual Contact unlawful, referred to as "multiple variables," such as...
- Age: where the alleged victim is older than 13 but younger than 16
- Force or Coercion: sexual contact accomplished by use of Force or Coercion is illegal (click here for the Michigan definition of "Force or Coercion"
- Being related by Blood or Affinity
- Severe Intoxication and other mental conditions of the alleged victim: where the alleged victim is "mentally incapable, mentally incapacitated, or physically helpless"
- What are the typical defenses to a charge of Fourth Degree Criminal Sexual Conduct in Michigan?
- Complete fabrication (no touching occurred at all, or any touching was not "Sexual Contact" (i.e. for sexual purpose)
- Lack of sufficient evidence to meet one of the above elements the Prosecutor must prove
- Consent (i.e. the opposite of "Force or Coercion")
- Is it a defense to a charge of Fourth Degree Criminal Sexual Conduct that my accuser told me they were of legal age? No, not under the current state of Michigan law.
- Is DNA evidence a factor in CSC 4 cases? Very rarely.
- In a CSC 4th Degree case, will there be a forensic interview, like CARE House in Oakland County and Macomb County, or Kids Talk in Wayne County? Not too likely. Forensic interviews are typically done on children and some adolescents. Because a charge of CSC 4th Degree usually involves an adult accuser, a forensic interview is more rare than it would be in the case of Criminal Sexual Conduct 1st Degree or Criminal Sexual Conduct 2nd Degree.