Archive for December, 2015

Criminal Sexual Conduct Charges and the Law

Monday, December 28th, 2015

We frequently hear in the news that a certain politician, entertainer or business executive is being accused or charged with some type of sexual impropriety, misconduct or sex crime.  What are the consequences of being charged with a sex crime and what can you do?   Being charged with a Criminal Sexual Conduct (CSC) crime or lawsuit can result in serious consequences and legal penalties. The penalties are even more extreme if minors are involved.  The defendant can face life imprisonment and even the burden of being registered as a sex offender.

Sex crimes can range from rape and pedophilia to viewing pornography and solicitation or patronizing of prostitution.  The results of CSC cases are greatly affected by factors such as false allegations, lack of proper legal representation and witness manipulation. You will need an experienced sexual crimes attorney to understand the truth behind those allegations and prevent the sexual charges from affecting your life. An experienced lawyer will analyze the physical evidence and cross examine key witnesses in order to help you fight a CSC case.

Some sex crime charges are prosecuted by Federal Courts while others are considered cases for the state or municipal courts. A criminal sexual conduct-first degree involves a sexual assault that includes some form of penetration. This is a very serious capital offense. If convicted for a first degree criminal sexual conduct, the judge may sentence the defendant to life imprisonment or give a sentence that lasts for decades. First degree CSC cases usually involve minors (under the age of 13) or when the accused is a close relative, teacher or someone with a position of authority over the victim.

If an adult is above 17 years old when convicted of CSC 1, and the victim is under 13 years of age at the time of the alleged conduct, he/she faces a minimum of 25 years in prison. If convicted of a CSC 1, you will have to meet electronic monitoring requirements and regularly register as a sex offender in your state for the rest of your life.

If charged with a CSC 2- second degree criminal sexual conduct, a defendant faces up to 15 years in prison. For one to be convicted of CSC-2, the prosecutor needs to show evidence of sexual contact. If this sexual conduct was achieved by force, threat or coercion, then it further qualifies to be a CSC 2. Other than a prison sentence, there are more serious ramifications when found guilty of second degree criminal sexual conduct. If the victim is under 13 and you are over 17, if convicted you will have to wear electronic monitoring devices for the rest of your life.

You can only be convicted of third degree criminal sexual conduct if there is some kind of penetration. A CSC 3 charge can sentence you to up to 15 years in prison. Other than facing prison sentence, a CSC 3 charge also comes with electronic monitoring requirements. The CSC 4 conviction will attract up to 2 years in prison. Like the CSC 2. The CSC 4 doesn’t require any form of penetration.

The defense of criminal sexual conduct charges by an attorney will always vary by the circumstances and nature of the case.  This is one crime where the accuser if of legal age must be able to prove that defendant is guilty of inappropriate sexual conduct, such as in the case of date rape or sexual harassment charges where non-consensual sexual contact is alleged.  If you are facing these sorts of allegations, you are well advised to contact an attorney who specializes in this area of criminal law.

If charged with a sex crime, first and foremost, find an experienced bail bondsman in your area that will have the ability to post bail for your release.  Bail for sex crimes will vary by legal jurisdiction. However it is a lot easier to work with your attorney on your defense if you are out of jail versus locked up behind bars. Orange County Bail Bonds has been serving all of Orange County and Southern California for over 50 years. For more info see www.bailall.com