What is a CSC Fourth Degree?

In Michigan, most sexual assault crimes are covered under the criminal sexual conduct statute. Criminal sexual conduct crimes are broken into four different degrees: Criminal sexual conduct first degree, criminal sexual conduct second degree, criminal sexual conduct third degree, and criminal sexual conduct fourth degree. Criminal sexual conduct first degree and third degree are related because both charges require sexual penetration, while criminal sexual conduct second degree and criminal sexual conduct fourth degree are related because they both require sexual contact. An individual can be charged with criminal sexual conduct fourth degree if:

• The alleged victim is at least 13 years of age, but less than 16 years of age and the actor is 5 or more years older than the alleged victim
• If force or coercion was used
• It was known to the defendant that the victim was incapacitated, helpless, or was unable to give consent
• The actor is a mental health professional, and the sexual contact took place within two years after completing treatment where the alleged victim is a client and not a spouse
• The alleged victim is related to the actor by blood or affinity to the third degree
• The alleged victim is between the ages of 16 and 18 and is a student where the actor is a teacher, substitute, or an administrator
• The alleged victim is between the ages of 16 and 26 and is a student receiving special education services where the actor is a teacher, substitute, or an administrator

A criminal sexual conduct fourth degree is a “high-court misdemeanor” charge that carries up to two years in prison upon conviction. A conviction can also land you on the Michigan Sex Offender Registry for 15 or 25 years depending on the age of the alleged victim. If you are facing a charge of criminal sexual conduct fourth degree, then it is important to speak to an experienced criminal defense attorney as soon as possible.

HOW DOES HYTA WORK HERE AND WHY IS IT A TRAP?

In most cases, HYTA does not apply to criminal sexual conduct cases and is not available. HYTA, however, can be applied to specific criminal sexual conduct fourth degree cases. An individual charged with criminal sexual conduct fourth degree can receive HYTA treatment if the alleged victim was at least 13 years old but less than 16 years old at the time of the alleged offense AND the actor is at least five years older than the alleged victim. This means that if the alleged victim was 15 years old and the defendant was 21 years old at the time of the offense, then the defendant can be sentenced under the provisions of HYTA. The trap here is when the defendant and the alleged victim are closer than five years apart in age. If the same 15-year-old victim was sexually assaulted by a 19-year-old defendant, then the defendant cannot be sentenced under HYTA due to the requirement that they are at least five years of age apart. Laws are only as good as the people who write them, and the requirement that the defendant and alleged victim of a criminal sexual conduct fourth degree be at least five years of age apart to allow HYTA treatment does not make a whole lot of legal sense. If you are curious about the potential of HYTA in your case, then it is important that you speak to an experienced criminal defense attorney.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach the defense of your case. If there is a potential resolution available such as HYTA that can help you avoid a criminal conviction, then it should be explored and considered by your attorney in defending your case. Since most criminal sexual conduct cases usually involve testimony from police officers and the complaining witness, a thorough evaluation of the series of events is critical to determining the correct defense approach. It is uncommon for criminal sexual conduct cases to come with a video that shows the interactions between the parties. Usually, if a video is available, it is a recording from the patrol car or body cam showing the interactions with the police. Each step officers take during a criminal sexual conduct investigation can be examined and questioned in defending your case. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing a fourth-degree criminal sexual conduct charge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today