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4th degree criminal sexual conduct is a high misdemeanor/low felony, punishable by imprisonment for not more than two years, a fine of not more than $500, or both.
Typically, probation is a common outcome. Additionally, you will be required to register as a sex offender with the Michigan Sex Offender Registry. Whether that information is seen by the public depends on the age of the alleged victim.
When it comes to the Michigan Sex Offender Registry, if you are charged with fourth degree CSC with an adult, you will be a tier 1 level, and have to register for 15 years. Learn what is a Tier 1 sex offender here.
If you are charged with criminal sexual conduct 4th degree with a child between the ages of 13-17, you will be a tier 2 level, and have to register for 25 years. Learn what is a Tier 2 sex offender here.
Only a Michigan criminal sexual conduct attorney, like Nicole Blank Becker, who has done thousands of sexual contact, sexual assault, and criminal sexual conduct cases can properly navigate such a serious felony offense charge of sexual contact in order to get you the best results that you, or a person you know, deserve.
Sexual contact: includes the intentional unwanted sexual touching of the accuser’s or your intimate parts, or the intentional touching of the clothing covering the immediate area of the alleged victim or your intimate parts, if that intentional touching can, without reasonable doubt, be construed as being for the purpose of sexual arousal or sexual gratification, done for a sexual purpose, or in a sexual manner for revenge, to inflict humiliation, or out of anger. Learn more about what is offensive touching here.
Mentally incapable: means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.
Mentally incapacitated: means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or other substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.
Mentally disabled: means that a person has a mental illness, is intellectually disabled, or has a developmental disability.
Physically helpless: means that a person is unconscious, asleep, or for any other reason has a physical disability that makes them unable to communicate their unwillingness to an act.
Force or coercion: is when you overcome the accuser through the actual application of physical force or physical violence;
When you coerce the accuser to submit to you by threatening to use force or violence on the accuser, and the alleged victim believes that you have the present ability to execute these threats;
When you coerce the accuser to submit by threatening to retaliate in the future against the accuser, or any other person, and the accuser believes that the actor has the ability to execute this threat.
● “Retaliate” includes threats of physical punishment, kidnapping, or extortion;
When the actor engages in the medical treatment or examination of the accuser in a manner or for purposes that are medically recognized as unethical or unacceptable;
When the actor, through concealment or by the element of surprise, is able to overcome the accuser. Learn more about what force or coercion means here.
Personal injury: means bodily injury, disfigurement, mental anguish, chronic pain, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.
Please Note: Criminal sexual conduct fourth degree has to do with illegal sexual contact. Much harsher penalties, such as criminal sexual conduct 1st degree and criminal sexual conduct 3rd degree, can be enforced when sexual penetration is involved (learn what is sexual penetration here).
When a charge of non-consensual sexual assault/sexual contact occurs, it does not require any witnesses. The state can proceed forward even without any other evidence other than the accuser’s accusations.
This means you can face a two year felony just based on one person’s word.
This is why you need to seek legal advice from a Michigan criminal sexual conduct attorney who is beyond familiar with handling 4th degree criminal sexual conduct charges. You need the experience and knowledge of Attorney Nicole Blank Becker, who can run circles around the competition.
Having had been the Chief of the Sex Crimes Unit, Nicole knows about the penalties for a CSC 4th degree charge and how to get the best outcome for you.
Nicole also prides herself on keeping a great attorney-client relationship, and all confidential or sensitive information that you say to her remains 100% confidential.
While fourth degree criminal sexual conduct is a two year misdemeanor crime, the criminal justice system treats it as if it is a felony. Meaning, typically a misdemeanor charge is handled only at the district court level, while a felony charge is handled first at the district court level and then it is completed at the circuit court level.
Criminal sexual conduct fourth degree charges begin at the district court level, and must be completed at the circuit court level.
Under Michigan law, criminal sexual conduct in the fourth degree is considered a high misdemeanor/low felony.
If you are facing a 4th degree criminal sexual conduct charge, you are entitled to have a preliminary examination at the district court level.
If your case is not dismissed at the preliminary exam, which is held at the district court level, your case will proceed to the circuit court level.
While the legal justice system allows you to plead guilty or no contest to criminal sexual conduct fourth degree at the district court level, you still have to go to the circuit court level in order to be sentenced.
Additionally, a jury trial for a criminal sexual conduct in the 4th degree charge will be handled at the circuit court level. So, if you are charged with criminal sexual conduct in the 4th degree, be prepared to go to both the district court level and the circuit court level, no matter what.
One way to avoid having to go to the circuit court level is by getting a skilled attorney to successfully have your case dismissed at the district court level.
Another way is to get the state to agree to allow a plea to a lesser charge. For example, if you plead to “attempt” criminal sexual conduct in the fourth degree, you would NOT have to go to the circuit court.
Instead, what was once a two year high misdemeanor/low felony, is now a one year misdemeanor. Therefore, you could remain at the district court level and be sentenced there instead of facing the full CSC 4th degree Michigan penalty.
Do not hesitate! Do not wait! If you have been accused or charged of a criminal sexual conduct sex crime (CSC degrees), reach out to us via text message, contact form, email, or phone call today for your free consultation!
Fill out the contact form or call us at 248-515-6583 to schedule your free consultation.