First-degree criminal sexual conduct (CSC) is the most serious sex offense in Michigan. A conviction can bring life imprisonment, lifetime electronic monitoring, and lifetime sex offender registration requirements. Deanna L. Kelley PLLC defends people facing these charges throughout Metro Detroit and Michigan. As part of her sex crimes defense practice, Deanna brings a former prosecutor’s perspective to every first-degree CSC case.
When Michigan Charges First-Degree CSC
Under MCL 750.520b, first-degree CSC requires sexual penetration plus at least one aggravating circumstance. Michigan defines penetration broadly to include any intrusion, however slight. Aggravating circumstances include:
- The complainant was under 13
- The complainant was 13 to 15 and the accused lived in the same household, was a relative, or used a position of authority to coerce the complainant
- The act occurred during the commission of another felony
- Another person aided the accused, and either force or coercion was used, or the accused knew or had reason to know the complainant was mentally incapable, mentally incapacitated, or physically helpless
- The accused was armed with a weapon or an object used in a way that reasonably led the complainant to believe it was a weapon
- Force or coercion was used and caused personal injury
- The accused caused personal injury and knew or had reason to know the complainant was mentally incapable, mentally incapacitated, or physically helpless
- The complainant was mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and the accused was a relative or used a position of authority to coerce the complainant
Each element must be proven beyond a reasonable doubt. Prosecutors may file first-degree charges alongside lesser counts, so the specific circumstances of the case can shape the defense strategy.
Penalties for First-Degree CSC in Michigan
First-degree CSC is a felony punishable by life imprisonment or any term of years. Depending on the facts, a conviction can also mean:
- A mandatory minimum of 25 years when the accused was 17 or older, and the complainant was under 13
- Life without parole for certain repeat offenses involving an accused person 18 or older and a child under 13
- Lifetime electronic monitoring in addition to the prison sentence
- Lifetime sex offender registration as a Tier III offender, subject to the requirements and exceptions in Michigan law
- The possibility of consecutive sentences for other offenses arising from the same transaction if the court orders them
Michigan law allows first-degree CSC charges to be filed at any time; MCL 767.24 has no criminal statute of limitations for this offense. That means prosecutors may pursue an allegation years or even decades after the alleged events.
How First-Degree CSC Cases Move Through the Courts
Most first-degree CSC cases begin in district court with an arraignment and preliminary examination, where the prosecutor must establish probable cause before the court can bind the case over to circuit court. Cases arising near Deanna’s Milford office may continue in Oakland County Circuit Court in Pontiac. If the complainant testifies at the preliminary examination, the defense may have an early opportunity to question that testimony under oath.
Defending Against a First-Degree CSC Charge
Under MCL 750.520h, Michigan law does not require corroboration of the complainant’s testimony. As a result, these cases can turn heavily on credibility, forensic evidence, digital records, and the details of prior statements. Depending on the case, Deanna may:
- Challenge whether the alleged aggravating circumstance can be proven
- Review forensic interviews, medical examinations, and DNA results
- Identify inconsistencies in prior statements and timelines
- Obtain text messages, social media records, and location data
- Challenge the admission of other-acts evidence when appropriate
Michigan’s rape shield law limits evidence about a complainant’s past sexual conduct, although narrow exceptions may apply. Those evidentiary limits matter when building a fact-specific defense.
Get Legal Advice Before Speaking With Police
If you are under investigation or have been charged with first-degree CSC, speaking with police before getting legal advice can affect your defense. Deanna offers free, confidential consultations. Call 248-343-0328 or contact Deanna online to discuss the allegations with a former prosecutor who has handled hundreds of trials.
