August 29, 2018

Michigan Sex Crimes

Michigan Sex Crimes Include Such Offenses As:

  • Child Pornography
  • Prostitution
  • Rape*
  • Sexual Assault
  • Sexual Harassment
  • Sex Trafficking
  • Statutory Rape

* In Michigan, the traditional “rape” definitions and related sexual assaults were merged into one statute making four degrees of Criminal Sexual Conduct (CSC). Each one is defined and carries a graduated degree of maximum incarceration if convicted. The least of these is CSC 4th Degree, which is a High Court Misdemeanor and carries a maximum of two years in the county jail and not in prison under the Michigan Department of Corrections. It is the only CSC offense that is eligible for consideration under the Expungement and the Setting Aside a Conviction legislation now in place. However, even if expungement or setting aside the conviction is granted, the individual must still, as specifically required by statute, periodically report to the State Police and register as a sex offender for the balance of the term to do this as ordered by the original sentencing judge although the CCH record of conviction will no longer exist as accessible to the public.

The justice system is handing down increasingly harsh sentences for sex offenses at every level. If you are convicted, prison is only the beginning. Sex offender registration sometimes, depending on the charge convicted of, can last a lifetime. Our goal is to prove innocence when possible, to seek treatment when appropriate, and to minimize punishment.

To accomplish these goals, the firm uses a variety of legal tools, including psychiatric evaluation and testimony. Our staff works closely with forensic psychiatrists and psychologists to understand and communicate the intent and the capacity of the person charged with a sex crime, and to fully explore all mitigating circumstances.

We have handled many high profile sex crime cases for individuals with a well-founded psychiatric defense.

But what about being on the sex offenders internet site and having to periodically register your address with the State Police? And what about expungement or setting aside the conviction possibilities?

There are certain sex crimes that do not go on the State Police sex offenders website, and do not mandate periodic registration with the State Police, such as Soliciting a Married Woman, and Lewd and Lascivious, for but two examples. Although the major sex crimes are not expungeable even if they do not carry a maximum of life imprisonment, there are a number of sexual convictions which can be expunged or set aside after five years (from release from jail or prison), such as Accosting a Minor and CSC 4th Degree (the High Court two-year jail time maximum) for two examples. The way Michigan’s laws are set up, and given this subject matter, it is indeed possible to have a sex conviction expunged or have the conviction set aside by the sentencing court, thereby taking it off of your Compiled Criminal History (CCH), and STILL the individual will have to complete the term of registering by reporting periodically EVEN though there is no longer and underlying crime. MCL 28.722, Sec.2 (a) (i). Reporting/Registering also means that the State Police website will carry, on a county by county registrar, the photographs of the offender and his/her address. This cannot be removed until the balance of the registration term has expired (usually, but not always, twenty-five years after the date of conviction).

Trends in Sex Crimes Prosecution

Governments around the world are cracking down on sex trafficking, the trafficking of women for sex or servitude and the trafficking of children. Internet advertising is particularly susceptible to becoming targets of government prosecution.

Distribution of images over the internet is a developing area of law — child pornography is most common, but other images can also come under scrutiny. And let’s not overlook “Craig’s List.” It is utilized thousands of times each day in nearly every community both to solicit customers for those accused of prostitution, and by those who answer the ads placed by undercover police. Courts are still unclear how to prosecute violations of local obscenity ordinances, especially as technology changes constantly, often years before laws are made or changed to address new changes. In such an area of vague direction, we routinely argue the facts often based as common sense, however unique or novel, as our legal arguments in the absence of precedent cases.

Media Coverage

The Williams Law Firm has provided legal representation to several high profile clients whose arrest for a sex offense threatened their family and career. Our goal is always to minimize media exposure, and we work with the utmost discretion. We strive to ensure that our client gets a fair trial while protecting the client’s public image to the greatest degree possible.

We believe that everyone deserves access to aggressive and affordable criminal defense. Call us today to schedule a free consultation.

Visit the Criminal Process section to learn more about your rights, arrest procedure, and what you can expect during and after the court process.

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