Sexual Assault Defense Attorney in Lansing MI

First-degree criminal sexual conduct involves allegations of sexual penetration under circumstances defined in Michigan law as most serious. These circumstances include penetration with someone under age 13, penetration during the commission of another felony, penetration where the victim sustains personal injury, or penetration using force or coercion with a victim under age 16. For victims aged 13-15, CSC-1 applies when the defendant holds a position of authority over the victim (such as a teacher, relative within the fourth degree, household member, or other authority figure), not simply based on an age gap alone. CSC-1 is a felony punishable by up to life in prison with a mandatory minimum sentence of 25 years when the defendant is 17 or older and the victim is under 13. All CSC-1 convictions carry mandatory lifetime electronic monitoring (unless sentenced to life without parole). These cases demand immediate, aggressive defense from an experienced sexual assault defense attorney in East Lansing or throughout the greater Lansing area. We examine every detail of the allegations, challenge forensic evidence, investigate the alleged victim’s background and motives, and identify procedural violations that may lead to suppression of evidence. 

Second-degree criminal sexual conduct involves allegations of sexual contact (not penetration) under similar aggravating circumstances as CSC-1. This includes sexual contact with someone under age 13, sexual contact during the commission of another felony, or sexual contact using force or coercion. CSC-2 is a felony carrying up to 15 years in prison and mandatory lifetime electronic monitoring when the defendant is 17 or older and the victim is under 13. Even though no penetration is alleged, these charges are extremely serious and require skilled defense to avoid wrongful conviction and harsh sentencing. 

Third-degree criminal sexual conduct involves allegations of sexual penetration under circumstances considered less aggravated than CSC-1, but still serious. This includes penetration with someone between ages 13 and 16 when you’re five or more years older, penetration with someone who is mentally incapacitated or physically helpless, or penetration achieved through force or coercion. CSC-3 is a felony punishable by up to 15 years in prison and requires registration on the sex offender registry. These cases frequently involve issues of consent, victim credibility, and whether alleged incapacitation truly existed at the time of the encounter. 

Fourth-degree criminal sexual conduct involves allegations of sexual contact under circumstances that don’t qualify for higher degrees but still constitute criminal behavior under Michigan law. This includes sexual contact with someone between ages 13 and 16 when you’re five or more years older, sexual contact using force or coercion, or sexual contact with someone who is mentally incapacitated. CSC-4 is a high-court misdemeanor punishable by up to two years in prison, though Michigan law treats it like a felony for sentencing and firearm rights purposes. Even as the least serious degree, conviction requires sex offender registration and carries significant collateral consequences. 

This charge involves allegations that you assaulted someone with the specific intent to commit sexual penetration. It’s often charged when the alleged victim claims they fought off an attempted assault before penetration occurred. This is a felony punishable by up to 10 years in prison and requires skilled defense to challenge the prosecution’s claims about your intent and the alleged victim’s version of events. 

Our Michigan sexual assault lawyer team also defends related charges that frequently accompany or arise from similar circumstances as sexual assault allegations, including domestic violence charges when the alleged victim is a current or former intimate partner, kidnapping or unlawful imprisonment charges when the alleged incident involved restricting someone’s movement, assault and battery charges, protective order violations, and solicitation charges. 

We begin working on your case immediately to preserve critical evidence before it disappears. This includes obtaining surveillance footage from the location where the alleged incident occurred (bars, hotels, apartment buildings), securing cell phone records showing communications between you and the alleged victim before and after the alleged incident, identifying witnesses who can testify about the alleged victim’s behavior or your interactions, and documenting any injuries or lack of injuries through photographs and medical records. 

We scrutinize every aspect of law enforcement’s investigation to identify constitutional violations, procedural errors, and investigative shortcuts. This includes reviewing the circumstances of your arrest and any interrogation for Miranda violations, examining search warrants and the searches of your phone, computer, or home for Fourth Amendment violations, analyzing how police interviewed the alleged victim to identify leading questions or contamination of their account, and reviewing the sexual assault forensic examination (SAFE kit) procedures for proper evidence handling. 

Many sexual assault cases hinge on the issue of consent, making the alleged victim’s credibility critical. We investigate thoroughly to identify inconsistencies in their statements, motives for false accusations (custody disputes, revenge, regret, covering up infidelity), prior false accusations they may have made, social media posts or text messages contradicting their claims, witness testimony about their behavior before and after the alleged incident, and expert testimony on false accusations and memory contamination. 

We work with qualified experts who can provide testimony that challenges the prosecution’s evidence or narrative, including forensic experts who can reinterpret DNA evidence or explain how forensic evidence is consistent with consensual contact, medical experts who can testify about injury patterns or lack of injuries, psychological experts who can explain false memory, suggestibility, and motives for false accusations, and technology experts who can analyze digital evidence like text messages, social media, and GPS data. 

We file strategic motions designed to weaken the prosecution’s case before trial, including motions to suppress evidence obtained through unconstitutional searches or interrogations, motions to exclude prior sexual history evidence the prosecution tries to introduce, motions to compel disclosure of the alleged victim’s mental health records when relevant to credibility, motions to dismiss based on lack of probable cause or prosecutorial misconduct, and motions in limine to exclude prejudicial evidence. 

If your case proceeds to trial, we prepare meticulously and select a jury carefully. This includes developing a compelling opening statement that plants reasonable doubt from the beginning, preparing cross-examination questions that expose weaknesses in the alleged victim’s testimony without appearing to attack them unfairly, organizing all evidence and witnesses in a clear, persuasive manner, and selecting jurors who can remain impartial despite the emotional nature of sexual assault allegations. 

First-degree criminal sexual conduct carries a maximum sentence of life in prison, with many cases resulting in sentences of 15 to 30 years or more. Second and third-degree offenses carry maximum sentences of 15 years, though actual sentences vary based on sentencing guidelines that consider your prior record and the specific circumstances of the offense. Fourth-degree criminal sexual conduct can result in up to two years in county jail or prison. Michigan follows “Truth in Sentencing” laws, meaning defendants must serve 100% of their minimum sentence before becoming eligible for parole, with no “good time” credits to reduce the minimum. Life Without Parole sentences are reserved for repeat CSC-1 offenders where the victim is under 13. 

Conviction for any degree of criminal sexual conduct requires registration on Michigan’s public sex offender registry. First-degree convictions (Tier III) require lifetime registration. Second and third-degree convictions typically require Tier II (25 years) or Tier III (lifetime) registration depending on aggravating circumstances. Fourth-degree convictions require Tier I registration for 15 years. Registration means your name, address, photograph, and offense details appear on a public website accessible to anyone. You must notify law enforcement whenever you move, change employment, or change your vehicle. You face residency restrictions limiting where you can live. Registration alone destroys employment prospects, housing opportunities, and social relationships. 

All CSC-1 convictions carry mandatory lifetime GPS electronic monitoring (unless sentenced to life without parole). CSC-2 convictions require mandatory lifetime monitoring only when the defendant is 17 or older and the victim is under 13. You must wear an ankle tether for the rest of your life, pay monthly monitoring fees, and comply with strict movement restrictions. This requirement applies even after you complete your prison sentence and any probation or parole period. 

Beyond the direct criminal penalties, sexual assault convictions carry devastating collateral consequences including loss of professional licenses (teachers, healthcare workers, lawyers, and many other licensed professionals lose their ability to work in their field), inability to find employment (most employers refuse to hire registered sex offenders), eviction and housing restrictions (many landlords refuse to rent to sex offenders, and residency restrictions limit where you can live), loss of child custody and parenting time, immigration consequences including deportation for non-citizens, loss of gun rights, and social stigma and isolation that affects every aspect of daily life. 

Michigan law divides sexual assault offenses into four degrees of criminal sexual conduct, each defined by specific elements related to the type of sexual contact alleged, the relationship between you and the alleged victim, the alleged victim’s age and capacity to consent, and whether force, coercion, or other aggravating circumstances were present. The Michigan Penal Code also defines related offenses including assault with intent to commit sexual penetration and accosting minors for immoral purposes. 

A sexual assault lawyer in Michigan can raise numerous defenses depending on the specific facts of your case. Common and effective defenses include consent (the alleged victim agreed to the sexual contact), mistaken identity (you were not the person who committed the alleged offense), false accusation (the alleged victim fabricated the allegation for revenge, custody disputes, to cover up infidelity, or other motives), lack of evidence (the prosecution cannot prove the elements beyond a reasonable doubt), constitutional violations (evidence was obtained through illegal searches, interrogations without Miranda warnings, or other violations of your rights), alibi (you were somewhere else when the alleged incident occurred), and victim credibility issues (the alleged victim’s account contains inconsistencies, contradictions, or is contradicted by physical evidence or witness testimony). 

Consent is often the central issue in sexual assault cases. Michigan law defines circumstances where consent cannot legally be given, including when the alleged victim is under the age of 16 (with limited exceptions), when the alleged victim is mentally incapacitated or physically helpless, when consent is obtained through force, coercion, or threats, and when there is a position of authority relationship (teacher-student, therapist-patient, clergy-congregant). Even when these statutory limitations don’t apply, prosecutors argue that consent was not truly given if the alleged victim was intoxicated, asleep, or later withdrew consent. Your attorney must carefully analyze whether consent existed under the law and whether the prosecution can prove it didn’t exist beyond a reasonable doubt. 

You have significant constitutional protections that can provide grounds for suppressing evidence or dismissing charges. The Fourth Amendment protects against unreasonable searches and seizures, meaning police need warrants or exigent circumstances to search your home, phone, or computer. The Fifth Amendment protects your right against self-incrimination and requires police to provide Miranda warnings before custodial interrogation. The Sixth Amendment guarantees your right to effective assistance of counsel and to confront witnesses against you. Your attorney should file motions to suppress any evidence obtained in violation of these constitutional rights, which can dramatically weaken or eliminate the prosecution’s case. 

In all criminal cases, including sexual assault prosecutions, the government bears the burden of proving every element of the offense beyond a reasonable doubt. You are presumed innocent, and you have no obligation to prove your innocence or present any evidence at all. This burden of proof is the highest standard in American law, and it requires the jury to be firmly convinced of your guilt based on the evidence presented. When we defend sexual assault cases, our goal is to create reasonable doubt by attacking the credibility of witnesses, challenging forensic evidence, exposing gaps in the investigation, and presenting alternative explanations for the evidence the prosecution presents. 

You have an absolute Fifth Amendment right to remain silent when questioned by police. This means you do not have to answer any questions about the allegations, your relationship with the alleged victim, where you were, or anything else. You should invoke this right immediately by clearly stating “I invoke my right to remain silent and I want to speak with an attorney.” Do not try to explain your side of the story, provide an alibi, or deny the allegations. Even if you’re innocent, even if you think your explanation will clear things up, and even if the detective seems sympathetic and understanding, you should not speak without an attorney present. Anything you say will be recorded, analyzed, and used against you in ways you cannot anticipate. 

You have a Sixth Amendment right to have an attorney present during any questioning. Police must stop questioning you once you invoke this right. You should contact a Lansing sexual assault attorney immediately upon learning you’re under investigation or upon arrest. Having an attorney present protects you from making statements that can be misinterpreted or used out of context. Your attorney can also begin investigating the allegations, contacting witnesses, and preparing your defense while evidence is still fresh and available. 

If someone reports a sexual assault allegation against you, police will conduct an investigation that may include interviewing the alleged victim at a forensic interview center or police station (these interviews are typically recorded), collecting physical evidence including clothing and bedding from the alleged scene, requesting the alleged victim undergo a sexual assault forensic examination (SAFE kit) to collect DNA evidence, interviewing witnesses who may have seen you and the alleged victim together, requesting that you provide a voluntary statement (which you should never do without an attorney), and seeking search warrants for your home, phone, computer, and other devices. 

If police have probable cause to believe you committed sexual assault, they will arrest you and transport you to the Ingham County Jail for booking. The booking process includes photographing and fingerprinting you, conducting a background check, collecting your personal property, and placing you in a cell until arraignment. You should not discuss your case with cellmates, other inmates, or anyone except your attorney because those conversations are not privileged and can be used against you. 

If police attempt to question you at any point during the investigation or after arrest, you have the right to have Miranda warnings read to you before custodial interrogation, remain silent and refuse to answer questions, have an attorney present during questioning, stop answering questions at any time, and refuse consent to search your property without a warrant. Exercise all of these rights. Police may tell you that invoking your rights makes you look guilty, that innocent people have nothing to hide, that they just need your side of the story to clear things up, or that they can help you if you cooperate. These are tactics designed to obtain evidence against you. Do not fall for them. 

Police need a warrant to search your home, phone, or computer unless you consent to the search or exigent circumstances exist. Never consent to a search. If police ask to search your property, clearly state “I do not consent to any searches.” If they have a warrant, do not resist, but contact your attorney immediately. Your attorney can later challenge the validity of the warrant and the scope of the search, potentially resulting in suppression of critical evidence. 

No. Never speak with police about sexual assault allegations without an attorney present, even if you believe you can explain the situation or prove your innocence.  

Police are trained to obtain incriminating statements, and anything you say will be used against you. Even truthful statements can be taken out of context or misinterpreted in ways that support the prosecution’s case. Invoke your right to remain silent and your right to an attorney immediately, and contact a sexual assault defense attorney in Lansing before answering any questions. 

The possibility of jail or prison time depends on the specific charge you’re facing, your prior criminal record, the strength of the prosecution’s evidence, and the quality of your defense.  

First and second-degree charges carry very serious prison sentences, often 10 to 30 years or more. Third and fourth-degree charges carry shorter sentences but still involve significant incarceration risk.  

With aggressive defense representation, it may be possible to achieve dismissal, acquittal, or a negotiated plea to a reduced charge with minimal or no incarceration. The first step is consulting with an experienced attorney who can honestly assess your case and develop a strategy to minimize the consequences you’re facing.

Sexual assault cases typically take six months to 18 months to resolve, though complex cases can take longer.  

After arrest, your arraignment will occur within 72 hours. If charged with a felony, a preliminary examination will be scheduled within 10 to 21 days at the district court level. If bound over to circuit court, the trial will typically occur several months later.  

Many factors affect the timeline including the court’s schedule, the complexity of the evidence, whether expert witnesses need to be retained, the number of motions filed by both sides, and whether the case resolves through plea negotiations or proceeds to trial. 

Yes, in many cases charges can be dismissed or reduced through effective defense work.  

Charges may be dismissed if your attorney identifies constitutional violations, successfully challenges the probable cause for arrest, demonstrates that the alleged victim lacks credibility, or shows that the prosecution cannot prove the elements of the offense beyond a reasonable doubt. Charges may be reduced through plea negotiations where your attorney leverages weaknesses in the prosecution’s case to negotiate a plea to a lesser offense with reduced penalties and registration requirements. 

An experienced Michigan sexual assault lawyer will explore every possibility for dismissal or reduction based on the specific facts of your case. 

Your first court appearance is the arraignment, which typically occurs within 48 hours of arrest if you were taken into custody.  

At the arraignment, the judge will inform you of the charges against you, inform you of your constitutional rights, set bond conditions determining whether you can be released before trial, and schedule future court dates including the preliminary examination for felony cases. You should have an attorney present at your arraignment to argue for reasonable bond and begin establishing your defense. Do not plead guilty at arraignment, even if you feel guilty or overwhelmed by the situation. 

If you’re convicted of any degree of criminal sexual conduct, you will have a permanent criminal record that appears on background checks and cannot be expunged in Michigan.  

Sexual assault convictions are among the most serious on any criminal record and will significantly impact your employment prospects, professional licenses, housing opportunities, and social relationships. This is why fighting the charges aggressively is so important. If you can achieve dismissal or acquittal, you will have no conviction on your record. If you’re convicted of a reduced charge, the impact on your record may be less severe, though still significant. 

Absolutely not without first consulting with an experienced criminal defense attorney.  

Many people facing sexual assault charges feel overwhelming shame, guilt, or pressure to accept responsibility, even when they’re innocent or when significant defenses exist. Pleading guilty means accepting a conviction with all its devastating consequences including prison time, lifetime sex offender registration, and electronic monitoring. Before considering any plea, you need an attorney to thoroughly investigate your case, identify all possible defenses, challenge the prosecution’s evidence, and negotiate for the best possible outcome. In many cases, charges that initially appear strong turn out to have significant weaknesses that can lead to dismissal, acquittal, or a much more favorable plea agreement than you would get by simply pleading guilty. 

Yes. Sexual assault charges are the most serious allegations you can face aside from homicide. The penalties include lengthy prison sentences, lifetime sex offender registration, lifetime electronic monitoring, and complete destruction of your reputation and future opportunities.  

The prosecution will use every resource available to obtain a conviction, including experienced prosecutors, investigators, forensic experts, and victim advocates. Without an experienced attorney defending you, you have virtually no chance of avoiding conviction and maximum penalties.  

A skilled Lansing sexual assault attorney can identify constitutional violations, challenge forensic evidence, investigate the alleged victim’s credibility and motives, negotiate with prosecutors from a position of strength, and present your defense effectively at trial if necessary. The cost of hiring an attorney is nothing compared to the cost of not hiring one. 

Being innocent doesn’t guarantee you won’t be convicted.  

False accusations happen for many reasons including revenge, custody disputes, regret about consensual encounters, mental health issues, and pressure from family members or law enforcement. If you’re innocent, you still need aggressive legal representation to prove it. Contact an experienced sexual assault lawyer in Michigan immediately, invoke your right to remain silent, do not speak with police or investigators without your attorney present, preserve any evidence that supports your innocence including text messages, emails, photographs, and social media posts, identify witnesses who can corroborate your version of events, and follow your attorney’s advice throughout the process.  

Your attorney will work to expose the false nature of the allegations and protect you from wrongful conviction. 

Legal fees for sexual assault defense vary depending on the complexity of the case, the severity of the charges, whether the case goes to trial, and the attorney’s experience level. Fees typically range from several thousand dollars for fourth-degree cases that resolve quickly to $50,000 or more for first-degree cases that proceed to jury trial.  

While these fees may seem substantial, they’re a necessary investment in protecting your freedom, your future, and your reputation. Most attorneys offer payment plans and will work with you to make representation affordable. The cost of not hiring an experienced attorney is far higher when you consider the years in prison, lifetime registration, and destroyed opportunities that result from conviction.  

Contact Monument Legal for a free consultation to discuss fees and payment options for your specific case.