Michigan Sex Crime Attorneys
Experienced Michigan Defense Attorneys Manley & Manley Can Put Experience and Resources to Work for You
Criminal defense cases involving sex crimes demand a knowledgeable lawyer who can discreetly resolve your case. The criminal defense attorneys at Manley & Manley understand how sensitive and complex cases involving allegations of sexual misconduct can be in Michigan. If you are accused of a sex crime, you will need an experienced attorney to begin working on your behalf immediately. A conviction can haunt you for the rest of your life.
A native of Flint, attorney Frank J. Manley has been recognized for decades as an elite AV-rated attorney by Martindale-Hubbell as well as named to the Michigan Super Lawyers list year after year. He has been named among the Nation’s Top One Percent by the National Association of Distinguished Counsel, as well as among the Top 10 Criminal Defense Lawyers in Michigan, the Top 100 OWI Attorneys in the State of Michigan, and the Top 100 Trial Lawyers by the National Trial Lawyers Association.
Also a native of Flint, attorney Michael P. Manley excelled in academics and athletics and graduated at the top of his law school class. A Board-Certified Criminal Trial Expert in the mid-Michigan area, he was named one of the Top 100 Trial Lawyers by The National Trial Lawyers. His work has been featured on “The Today Show,” “20/20,” “Dateline” and other national news programs.
When your future is hanging in the balance, you need to talk to Manley & Manley as soon as possible. We treat clients with respect and dignity and are committed to helping you get the results you need.
What Types of Sex Crime Cases Does Manley & Manley Handle?
Sex offenses cover a broad range of categories. Some of the offenses falling into the category of sex crimes are not limited to but include:
- Sexual Harassment* (may result in civil litigation)
- Prostitution
- Indecent Exposure
- Internet Sex Crime
- Rape
- Molestation
- Date Rape
- Human Trafficking
- GHOST Cases and Entrapment
- Obscenity
- Statutory Rape
- Sex with Children
- Sexual Assault
- Child Pornography
- Criminal Sexual Conduct
- Sexual Battery
- Accosting, Enticing, or Soliciting a Child
What is the Penalty for a Sex Crime Conviction in Michigan?
If you are convicted of a sex crime in Michigan, you could spend several months in jail or decades in prison. Your name might also be permanently placed on a public sex offender registry. And you might be viewed as a convicted felon for the rest of your life. Some of the penalties for various sex crime convictions in Michigan include:
Sexual Harassment – Sexual harassment is any inappropriate behavior of a sexual nature. Repeated advances, offensive remarks, and nonconsensual contact, usually in the workplace, school, or other institutional environment, are seen as sexual harassment. This type of harassment usually sees an authoritative figure as the aggressor. Something as simple as implying someone could receive extra professional favors in exchange for sexual activity can be classified as sexual harassment.
- Penalties range in severity depending on the allegations (may result in civil litigation)
Prostitution – Prostitution is illegal in Michigan. Prostitution is generally seen as trading sexual favors for money or other favors. Prostitution laws tend to also intertwine with human trafficking laws. Prostitution laws punish both those who work as prostitutes as well as those who would solicit someone for sexual favors and those who would urge or force another into prostitution.
First offense (Misdemeanor) –
- Up to 93 days in jail
- Up to $500 fine
Second Offense (Misdemeanor) –
- Up to one year of jail time
- Up to a $1,000 fine
Subsequent Offenses (Felony) –
- Up to two years of prison time
- Up to $2,000 fine
Criminal Sexual Conduct CSC (Felony) – Criminal sexual conduct covers a wide range of offenses, including sexual assault, child molestation, statutory rape, forcible rape, and the solicitation of a minor over the Internet.
The most severe of these offenses fall under first-degree CSC, commonly involving rape or sexual assault cases.
- Penalties vary widely depending on the allegations.
- Criminal Sexual Conduct in the first degree is punishable with up to life in prison.
Child Pornography – These crimes are considered a form of child sexual exploitation. Child sexual exploitation crimes usually occur on the internet using either a computer or a phone. Images of child pornography are illegal and not protected under the First Amendment of the Constitution. Simply possessing child pornography is a serious crime, and Michigan courts will harshly punish such offenders.
- Penalties vary widely depending on the allegations.
- Offenses involving persuasion, coercion, or otherwise allowing a child to engage in child sexually abusive activities for the purpose of producing any child sexually abusive materials, or a person who arranges, produces, copies, or otherwise supports any child sexually abusive activity are a felony and punishable by up to 20 years in prison and up to a $100,000 fine.
- Offenses involving prepubescent children, sadomasochistic abuse, or bestiality are a felony and punishable with up to 25 years imprisonment and up to $125,000 in fines.
If you are convicted of a felony, you could lose certain rights while you are incarcerated and even after you are released from jail.
Michigan’s Sex Offender Registry
The Michigan Sex Offender Registry (SOR) is a public database of people convicted of sexual crimes in the state of Michigan. This database includes information such as sex offenders’ names, addresses, photos, and the offense they were convicted of.
The Michigan SOR has several tiers used to classify offenders and the severity of their crimes. Each tier also requires the offender to follow certain rules.
The tiers are as follows:
Tier I Sex Offender Offenses Include
- Criminal sexual conduct 4th degree
- Child pornography and other related cases
- Indecent exposure, including self-fondling in front of a child
- Unlawful imprisonment or restraint of a minor
Tier II Sex Offender Offenses Include
- Criminal sexual conduct 2nd degree
- Crimes against nature, including sodomy and offenses involving a minor younger than 18 but older than 13
- Accosting or solicitation of a minor for sexual purposes
Tier III Sex Offender Offenses Include
- Criminal sexual conduct 1st degree, rape
- Criminal sexual conduct 3rd degree
- Gross indecency against a minor under the age of 13
All tiers of sex offenders, except for tier III, must register their residence and personal information in person on an annual basis for as long as they are registered sex offenders. Tier III sex offenders must register their residence and personal information four times a year in person.
Tier I Registered Sex Offenders Must
- Remain on the sex offender registry for 15 years
Tier II Registered Sex Offenders Must
- Remain on the sex offender registry for 25 years
Tier III Registered Sex Offenders Must
- Remain on the sex offender registry for the rest of their life
- May face a lifetime of electronic monitoring (tether)
What Ramifications Will You Face on the Sex Offender Registry?
These are the issues that can follow you long after imprisonment and paying your fines. Often, people who find themselves having to register as sex offenders find themselves on the bottom rung of the social ladder, regardless of what their actual crime was or the fact that they have already done their time and repaid their dues.
People on the SOR may find it almost impossible to find employment because they can’t pass a background check. They can’t work at or near a children’s facility, nor can they work in most branches of government. Similarly, they may find it hard to find housing because their registry status shows up on background checks.
Even if they find employment and housing, they may still face social bias, prejudice, and hatred. Anyone can find your name on the SOR, which includes your address. People may target someone who is registered, and people on the SOR may themselves become victims of crime.
Offenders must inform the relevant authorities of their intention to travel outside the state of Michigan or outside the country. Their destinations may be limited, meaning they may not be allowed to visit places frequented by children, such as amusement parks.
There are too many negative side effects when someone must register on the SOR. You will need experienced sex crimes attorneys if you want to get control of your life back!
Can You Get Off of the Michigan Sex Offender Registry?
Having your name and personal information removed from the sex offender registry is a complicated process. Working with a sex crimes attorney can increase your odds of getting your name off the list and your information out of the registry and help you not have to visit the registry office once or more a year.
This process is lengthy and purposefully intimidating. Michigan laws allow for an individual’s removal from the SOR under limited circumstances. Romeo and Juliet offenders, or an offender who started dating a minor while they, themselves were a minor but then later entered adulthood, may be able to make a compelling argument to be removed from the SOR.
Similarly, someone who was convicted of a sex crime while they were a minor may be able to petition to have themselves removed from the registry. Additionally, if someone is convicted of an offense that later becomes decriminalized, they may be able to petition for their removal from the registry.
A judge may consider certain tier I, II, and III offenses for removal from the SOR depending on the circumstances surrounding that offense. Judges may also consider you for removal from the registry after a certain amount of time has passed from your conviction and you have been on your best behavior since your conviction.
What Defenses Will Your Criminal Defense Attorneys Use?
Building up a solid defense is the cornerstone of any criminal trial and starts well before you receive your trial date. As soon as you are arrested or charged with a sex crime, you should immediately contact Manley & Manley. You and your attorney will use a variety of tactics to start building your defense.
Some common defenses may include, but are not limited to, the following:
- Proving consent. Rape and sexual assault both involve sexual acts without consent from the victim. When the victim is not a minor, a lack of consent is where the crime starts and where police and prosecutors pay the most attention. Minors and some people with certain mental illnesses or disabilities can not consent. Proving that a consensual sexual activity occurred would be a strong legal defense.
- Distancing you from the crime. Let’s say you are accused of possessing child pornography, but you know that you are not guilty of such a crime. Perhaps someone had access to your devices, or even just your wifi, and used it to commit this heinous crime. Generally speaking, proving someone else may have had access to your devices and wifi may create enough reasonable doubt to get you a not-guilty verdict.
- Lack of intent. Intent is a major part of proving a crime. Just because a crime was committed does not mean that it was intentional. Child pornography convictions usually show that the material was downloaded intentionally. If the materials ended up on your device because of something like a virus, that does not instantly make you guilty.
- Challenging DNA Evidence. Even though DNA tends to seal the deal when it comes to proving guilt, it is not infallible. Accidents can happen, such as contamination, mixed results, or compromised data. Challenging the validity of the DNA evidence could create the necessary reasonable doubt you need.
- Exposing false allegations. Unfortunately, people may decide to weaponize an accusation of sexual assault or another sex crime. Often, an accusation is enough to start the legal process rolling, and even a lack of DNA evidence, eyewitnesses, or any sexual contact can land someone in prison. Your attorney may be able to do the groundwork to prove that the allegations against you are motivated by less than legal reasons and that the court can’t rely on your accuser’s word alone.
Why Should You Hire Attorneys from Manley & Manley to Handle Your Case?
If you have been charged with a sex offense, your reputation and way of life, as you know it, could be in jeopardy. You could spend months or years in jail or receive lengthy prison sentences. You could lose your job and face thousands of dollars of fines. In addition, anyone charged with a sex crime faces the very real potential for embarrassment or character damage resulting from public arrest. If you have been arrested or are under investigation, you will need experienced lawyers who can be your voice and fight aggressively to minimize the damage from such allegations.
Losing your sex crime case can result in more than punishment by the courts. Landing on a sex offender registry will follow you long after your fines are paid and incarceration is completed. In some cases, you may even be liable for medical expenses and be required to pay other civil damages, such as for your accuser’s pain and suffering!
Manley & Manley can help. You can frankly discuss your situation with us, knowing full well that we will discreetly respect your privacy while we prepare a strong defense. If you are under investigation or arrested for a sexual offense, hire accomplished criminal attorneys to represent your case and defend your best interest. Contact us today. Call 810-374-0240 schedule your case evaluation.