Washtenaw County Criminal Sexual Conduct Attorney

CSC Attorney Washtenaw County
​Former Prosecutor

Michigan Criminal Sexual Conduct 

If you've been charged with a Michigan criminal sexual conduct crime, this doesn't make you a criminal or a bad person.  I see clients on a daily basis who engage in what they perceive to be consensual sexual conduct, but then the situation goes array, and the police get involved.   It's quite common that a good person will get themselves in a bad situation, which results in being charged with a Michigan sex crime.  

When you first call me, I will want to know about your past, and if you have a criminal record.  From there, I will want to know where this happened and who was involved.  We will begin the fact gathering process together, and start to put together our comprehensive game plan.  From there, we will order all of the police reports and evidence in your case.   If necessary will get a private investigator involved to build your various defenses.  As a former prosecutor, I will begin working with the prosecuting attorney to explore all of your options. This will be a two part defense; one we will work to defeat your case either by a dismissal or a not guilty verdict at trial; two I will work on getting you the best possible plea deal on the table as a backup plan.  You will have options, and together as a team, we will decide your best path for your case.  I look forward to working with you.  

In Michigan, sexual offenses are called Criminal Sexual Conduct (CSC), and there are four distinct charges.  

Michigan Criminal Sexual Conduct First Degree  - The prosecution must prove that the defendant engaged in a sexual act that involved one of four things:

- entry into victim's genital opening or anal opening by the defendant’s penis, finger or tongue. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.

- entry into victim's mouth by the defendant’s penis. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.

- touching of victim's genital openings or genital organs with the defendant’s mouth or tongue.

- entry by any part of one person’s body / some object into the genital or anal opening of another person’s body. Any entry, no matter how slight, is enough.

and one of the following seven circumstances:

- the victim is under 13 years old,
- the victim is 13-15 years old and is a blood relation to the defendant, lives in the defendant's household, or the defendant is in an authority position to the victim,
- multiple actors are involved and force/coercion was used to accomplish the sexual penetration or the victim is incapacitated (physically helpless, mentally incapacitated or mentally defective)
- a was weapon involved,
-a personal injury was suffered with force/coercion,
- personal injury and victim was incapacitated
- defendant is in the process of committing another felony

Michigan Criminal Sexual Conduct - Second Degree - The prosecution must prove two things:

- First, that the defendant intentionally touched the victim or made victim touch his/her genital area /groin , inner thigh, buttock or breast or the clothing covering that area.

- Second, that this was done for sexual purposes or could reasonably be construed as having been done for sexual purposes.

- any of the seven circumstances listed in 1st Degree

Michigan Criminal Sexual Conduct - Third Degree - The prosecution must prove

- First, that the defendant engaged in a sexual act that involved one of the following:

- entry into victim's genital opening or anal opening by the defendant’s penis, finger or tongue. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.

- entry into victim's mouth by the defendant’s penis. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.

- touching of victim's genital openings or genital organs with the defendant’s mouth or tongue.

- entry by any part of one person’s body or some object into the genital or anal opening of another person’s body.

and one of the following:
- the victim is 13-15 years old
- crime involved force or coercion
- victim was incapacitated,

Michigan Criminal Sexual Conduct - Fourth Degree - The prosecution must prove:

- First, that the defendant intentionally touched victim's or made victim touch his / her genital area  or groin inner thigh or buttock or breastor the clothing covering that area.

- Second, that this touching was done for sexual purposes or could reasonably be construed as having been done for sexual purposes.

- and one of the following:
- force or coercion,
- victim incapacity, or
- defendant works for the Department of Corrections and the victim is an inmate.

With these serious charges come the possibility of false allegations, manipulation and ulterior motives.  These charges also come with severe penalties, including extensive incarceration, which could send you to jail for the rest of your life.  To go along with a possible long jail sentence, comes the requirement to register as a Michigan Sexual Offender, which comes with a lifetime of requirements and restrictions.   This information, and your status will be public, and will require you to provide your current address, which neighbors, friends and family will have easy access.

When most people think of a sexual crime, they immediately think of a rape between two strangers.  While this crime occurs in Michigan, the majority of Michigan CSC crimes are between people who know each other.

One of the most prevalent offenses in Michigan is statutory rape, where the charged party has sex with someone who is less than 16 years old.  A 16 year old cannot consent to sex under Michigan law, and the charged party cannot use the defense of consent.

Another common charged crime is what is better known as “date rape” where the parties know each other, but allegations are made that the sex was not consensual.  Date rape is a very time sensitive offense, and requires an immediate advocate.  If you've been charged with rape, but believe the sex was consensual, you should speak to a defense attorney immediately.

Michigan Criminal Sexual Conduct cases are prosecuted with victim testimony, experts and treating medical personnel.  Although the deck may seem stacked against you, there is a presumption of innocence that you are entitled to until the prosecution can prove every element of the charged offense beyond a reasonable doubt.

---

Call Me: 248-924-9458

---

What Other Attorneys Say About Me:
"I had the opportunity of observing Jonathan represent a co-defendant in a difficult 3 count felony drug case. Through Jonathan's efforts all 3 felony counts were dismissed and client pled to a simple misdemeanor possession charge; a truly fantastic result for the client. I would without hesitation recommend Jonathan on a criminal matter"

"When I first met John, he was beating me up as a prosecutor. When I heard John became a defense attorney, I was elated for two reasons, first that I wouldn't have to go against him any more, and two, that anybody charged with a crime an Ann Arbor and Washtenaw County have an exceptional criminal defense attorney who gets the job done. As a defense attorney, John uses his extensive experience to craft solutions to tough cases. As a fellow defense lawyer, I rely on John's advice in my own cases. If you are in Ann Arbor and are in trouble, call John, he will help you"

"Jonathan is an extremely bright and talented criminal defense lawyer. His years of experience as a prosecuting attorney in New York and Michigan has already made him a top practitioner in his field. I happily endorse Jonathan Paul".

22nd Circuit Court (C22)
Serving Washtenaw County

Honorable Carol A. Kuhnke, Chief Judge
Honorable Archie Cameron Brown, Circuit Judge
Honorable Patrick J. Conlin, Jr., Circuit Judge
Honorable Timothy P. Connors, Circuit Judge
Honorable Tracy Elisabeth Van den Bergh, Circuit Judge

14A District Court (D14A)
Serving Washtenaw County, except the City of Ann Arbor and the Township of Ypsilanti

Honorable J. Cedric Simpson, District Judge

14A District Court (D14A)
Serving Washtenaw County, except the City of Ann Arbor and the Township of Ypsilanti

Honorable Kirk W. Tabbey, District Judge

14A District Court (D14A)
Serving Washtenaw County, except the City of Ann Arbor and the Township of Ypsilanti

Honorable Anna M. Frushour, District Judge

14A District Court (D14A)
Serving Washtenaw County, except the City of Ann Arbor and the Township of Ypsilanti

Honorable Anna M. Frushour, District Judge
Honorable J. Cedric Simpson, District Judge
Honorable Kirk W. Tabbey, District Judge

​Ypsilanti Township Civic Center
Honorable Erane C. Washington, Chief Judge

15th District Court (D15)
Serving City of Ann Arbor

Honorable Joseph F. Burke, Chief Judge
Miriam A. Perry, District Judge
Honorable Karen Q. Valvo, District Judge