Being accused of a sex crime is devastating to the accused, to his family and to him professionally. The penalties associated with a sex crime are very substantial, the guidelines for recommended sentencing usually come with a recommendation for lengthy prison sentences and requirement for registration on a sex offenders list, sometimes for life along with tether monitoring and even restrictions on where a person may live. Many sex crimes can result in prison for life and judges usually have little reservations giving out stiff sentences no matter the prior good record of the accused. Contrary to popular belief a sex crime which carries severe punishment is one of the easiest cases for a prosecutor to bring. Just the word of the accuser is enough to bring a case to trial. Many of our clients cannot believe this is the law.
Our firm has had decades of experience in successfully handling cases of sexual assault. Many claims of sexual assault are true but many are false. Because of the nature of the alleged crime trying to determine the if a claim of sexual assault is truthful can be difficult and as state before, many prosecutors find it easier to go with the flow and prosecute. When a charge is made the assistance of a criminal defense attorney with years of experience is needed immediately. In cases of truthful accusations prosecutors may not take into consideration all the circumstances leading to the complaint. Experienced legal is essential in educating the prosecution and the court of all circumstances that may have led to the complaint and will lessen the potential consequences.
But the fact of the matter is even in cases of no discernible physical injury, no physical evidence, where drinking with the alleged victim is involved, dating relationships exist or no immediate complaint of wrongdoing criminal cases are brought with the only evidence being a “he said – she said” fact scenario. In today’s world police and prosecutors believe bringing even a weak sexual assault case is the best policy.
Criminal Sexual Conduct CSC
In Michigan there are four degrees of criminal sexual conduct. First degree being the most severely punished and fourth degree being the lowest charge. The statutory definitions between the four classes of Criminal Sexual Assault when read seem very similar. However, the differentiation generally depends on whether force or fear is used, whether the accused took advantage of a person or their position of authority, the difference in ages between the accused and the accuser, and whether there was only sexual touching or penetration of any body part.
Statutory rape is exactly what it states. Michigan statute makes it a crime, third degree sexual misconduct, to have sex with a minor under the theory that a minor cannot give consent to have sex with an adult. The age for consent in Michigan is 16. That means consensual sex is a crime even if you are only 17 years old dating and having consensual sex with a 15 year old. If you are engaged in this conduct you are committing a 15 year felony every time you have intercourse. This is a shock to many parents and to their high school children. Their lives can be destroyed by a relationship that is consensual and even aggressively pursued by the accuser. It makes no difference how the accuser acts, looks or even if the accuser falsifies her age. The law recently has provided certain provisions that would allow someone accused to avoid a felony and to avoid registering as a sex offender.
Child Pornography/Child Sexually Abusive Material
Possession of sexually abusive material of children is a very serious crime which prosecutors regard as a crime that is a precursor to or proof of child molestation or pedophilia. CSAM as this crime is referred to is much like Statutory Rape. The crime is “committed” where it is possession of or proof that you looked for child sexually abuse material, the material was of a person under the age of 18 or even pretending to be 18 years or under, if it represented that the person is under the age of 18. The state still must prove that you knew or should have known and you possessed or knowingly looked for the material. Because this is an intent crime, there are defenses, such as was the material mistakenly downloaded, was it done be someone else, who had access to the computer and multitude of other circumstances that would provide a defense. The need for an experience attorney is essential to protecting you from being wrongfully convicted.
Everyone wants to protect children and in doing so police and prosecutors take this task very seriously. Many of the cases brought by prosecutors are based on hazy recollections of a child, from years ago and after the child may have been manipulated or has been subject to influence of another adult. The consequences of even being charged much less convicted is life altering and devastating. The Clark Law office has been representing these cases for decades, often getting the charges dismissed and or verdicts of not guilty. The Clark Law Office knows of tried and true tactics and investigative techniques to help the innocent and wrongfully accused.
Sex Crimes Against Minors
Because children unfortunately are being exposed to sexuality and picking up sexual content at earlier and earlier ages, more and more charges are being brought by prosecutors. Because of the knowledge gained by children earlier in their lives, the children can use this knowledge against someone they do not like or can be controlled to use this knowledge by and adult against another adult for advantage in custody battles or against stepparents. The Clark Law Office is aware of these motivations and the means to expose them. This situation happens often. Our firm has taken a matter to the Supreme Court to get a ruling of the lower court overturned, in order to prove coaching was used by an upset step child against his stepfather. Experience and skilled defense by good defense counsel is essential.
Teacher Sex Abuse
Upset students with early knowledge of sexual behavior is a toxic and dangerous mix for teachers in todays world. Children now know how to weaponize allegations of sex abuse and once even a false allegation is made it must be addressed so it does not ruin your career.
Sexual Assault cover a broad category of crimes. The definition covers CSC in the first-degree CSC through Forth degree and many other crimes. This broad definition covers, statutory rape, date rape where there is consensual sex but one of the parties is either underage and thus legally could not give consent or claim that they were intoxicated and thus could not give consent. Force or violence or often not even alleged, but the severe consequences and life altering punishment including sex offender list are still attached. You will need a good attorney with lots of experience to as part of your defense.
Urinating in public can result in a conviction for indecent exposure and put you on a sex offender list. The elements are knowingly exposing your private parts and if you should fondle your private parts, the charge can be raised to aggravated indecent exposure. The Clark Law office has defended these charges and been successful in trial and on appeal. The events leading to this charge may be minor, but the charge and defense of the charge needs to be addressed by an experience attorney and taken seriously.
Prostitution and Solicitation
Solicitation is the act of solicitation of money for sex. The solicitor and the payer both can be held criminally liable. Both crimes carry the potential for jail time and many newspapers publish the names of the parties that have been charged. Not a good thing for a marriage or family reunions. Not only is there a potential jail penalty but again the potential requirement to having to register as a sex offender.
Sex Crime Appeals
The issues in a sex crime case can be complicated and often turn on technical issues of law, the handling and interpretation of physical evidence and testimonial evidence. Many times, the prosecutors over zealousness in bringing some sex crimes cases create lower court decisions that can be based on emotion and not on the law or science, which provides a wide range of appellate strategies. The Clark Law office attorney have won cases on Appeal and in the Supreme Court reversing low court decisions on the introduction of evidence, resulting in the case being dismissed upon remand to the lower court.
The Sex Offender Registry
One of the worst consequences that can last years after the case is over is the requirement of registering as a sex offender. Michigan has some of the toughest sex offender registry laws in the entire country. Your photo, name address and criminal history are available on the internet for anyone to legally find then disseminate for and wide. Your neighbors can access this information and spread it. You will be told were you can live and if you move and do not change the address with the registry, you can be arrested and prosecuted for your failure to register years after the matter is resolved. Avoiding sex registration is a primary task of The Clark Law. Newer laws now allow under certain circumstances for you to petition the court for removal from the sex offender list. The Clark Law Office has filed and won petition for the removal from the sex offender list.
Electronic Monitoring For Life
Not only is there the requirement of registration on the sex offender list, but there can also be the requirement of life time electronic monitoring by the Michigan Department of Corrections. You can be sentenced to the requirement and you will be monitored by the government for the rest of your life by way of electronic tether even after serving the entire sentence. Every movement of every day for the rest of life will be under the surveillance of the government and possibility of even accident violation, like going to close to a school can be grounds for violation and more incarceration.
Strategies in Winning
Winning strategies are a result of hard work by seasoned attorney. We know the best defense tactics to winning or dismissing sex crime charges. Finding facts, interpreting the facts to the law are essential. The is no substitute for hard work and determination. Some of the strategies that will take hard work and digging are:
- Finding out if the accuser had ever made false or unverified reports before?
- Finding our if the accuser has been coached or influenced by another person or adult?
- Did the experts interpreted the physical evidence correctly and did the police properly handle the evidence so that there is a valid result of the test.
- Did the police provide information to the accuser that could improperly influence the testimony of the accuser?
- Are the opinions of experts of the prosecution really scientifically accepted or only “junk science”?
Contact Us Now. Time Is Not On Your Side.
If you are facing allegations or charged of a sex crime, you should contact an experienced attorney as soon as possible. If you are being falsely accused, we can help you clean your name, prove your innocence, and avoid criminal charges altogether. Because these types of crimes are so sensitive and the consequences are so severe, you need to take these allegations very seriously and hire a criminal defense attorney as soon as possible. We know how to get positive results for our clients and will champion to protect your rights and cause. Call (517) 347-6900 for help now!