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Rochester Sex Crimes Lawyer
If you have been accused of a sex crime in Rochester, it is vital to understand the nature of the transgression and the potential ramifications. Criminal sexual conduct is the term used to refer to many distinct offenses, but there are four general degrees of criminal sexual conduct, some of which are penalized much more severely than others.
A Rochester sex crimes lawyer could help build a solid defense strategy and exploit every weakness in the prosecution’s case. The sooner you start working with a criminal defense lawyer, the sooner your legal advocate would be able to protect your rights and seek evidence to fight the charges. Even if charges have not yet been filed, assistance from an experienced defense attorney could prove advantageous.Overview of Criminal Sexual Conduct
Criminal sexual conduct in the first, second, third, or fourth degrees cover a range of actions that have different traditional names or labels in other jurisdictions. The first-degree charge is the most serious of these offenses, while the fourth-degree is punishable by the least severe penalties.
All forms of criminal sexual conduct and other sex crimes could permanently damage an individual’s reputation. Accordingly, it is wise to work with an experienced Rochester sex crimes attorney to take all available steps to fight the charges and minimize the negative consequences.Misdemeanor Sex Crimes in Rochester
Criminal sexual conduct in the fourth degree and a few other limited offenses are treated as misdemeanors under state law. Several sexual crimes connected with prostitution are considered misdemeanor offenses punishable by no more than three months of imprisonment and $500 fine. However, if a minor is involved, these offenses may be treated as felonies.
Fourth-degree CSC is defined in Mich. Comp. Laws §750.520e to include sexual contact that occurs under a number of different circumstances. Sexual contact accomplished through the use or threat of force or contact with someone under the age of 16 (but at least 13) or who is mentally incapacitated or physically helpless can be treated as criminal sexual conduct in the fourth degree. Additionally, sexual contact achieved through surprise or where the person acting holds certain positions of authority also constitute fourth-degree CSC.Felony Criminal Sexual Conduct
Criminal sexual conduct in the first, second, and third degrees are all felonies. The definition of the third-degree offense includes many situations commonly known as statutory rape. These involve sexual penetration actions with an individual who does not consent or is not capable of legally consenting to such action.
Sexual contact with a person under the age of 13, or under the age of 16 but in a position where they are subject to the authority or influence of the person making sexual contact are both situations that constitute a sex crime in the second degree. In addition, sexual contact that occurs during commission of another felony or when the person acting is aided by another or uses force or acts against someone incapable of resisting or when the actor is armed with a weapon are also types of conduct that may be prosecuted as second-degree criminal sexual conduct.
The most serious sexual offense, first-degree criminal sexual conduct, occurs when someone engages in sexual penetration with a minor under the age of 13 or where the person taking action is in a specified position of authority, and the minor is under the age of 16. Sexual penetration involving the use or threat of force and the assistance of another perpetrator, or the use of a weapon are also considered criminal sexual conduct in the first degree. The potential penalties include life imprisonment.Work With a Rochester Sex Crimes Attorney
Allegations of sex crimes may cause tremendous damage, even if the accusations are unfounded. Evidence in cases involving allegations of sexual misconduct can be difficult to locate, so it is essential to begin securing and preserving evidence as soon as possible.
If you have been accused of a sex crime, speak with a dedicated Rochester sex crimes lawyer. An experienced defense lawyer could start right away working to protect your rights and your future, so call today.