In Michigan, the age of consent is 16 years old. A child younger than 16 cannot consent to sexual contact, even with another minor. Adolescents age 16 and older may consent to sexual contact with all others over the age of 16, except for in certain circumstances. When an individual engages in vaginal, anal, oral, or digital penetration with a minor who cannot consent to sex, he or she may be charged with statutory rape. This offense is also known as criminal sexual conduct. In Michigan, There is No Romeo and Juliet LawIn many states, statutory rape laws permit consensual sexual contact between adolescents who are close in age. These exceptions are known as close in age exceptions, or “Romeo and Juliet” laws. Michigan law does not have a close in age exemption – in Michigan, it is possible for an 18-year-old to be charged with criminal sexual conduct for engaging in consensual sex with a 15-year-old partner. The Parties’ Ages Determine How Statutory Rape is ChargedAlthough Michigan does not have a close in age exemption to statutory rape charges like some other states have, the involved parties’ ages do have an impact on how an alleged act of criminal sexual conduct is charged. Additionally, the older party’s relationship with the younger party impacts how this offense is charged. Depending on the circumstances at play, criminal sexual conduct may be charged as a first, second, or third degree felony or, in the case of criminal sexual conduct in the fourth degree, a misdemeanor. The penalties for this conviction include fines, incarceration, and required registration with the Michigan Sex Offender Registry. When both parties involved in an alleged incident of statutory rape are minors, the older party may only be charged with this crime if the two engaged in oral sex or sexual intercourse. Other consensual sexual activities, like touching meant to arouse the participants, is legally permissible. Although 16 and 17 year olds may consent to sex with adults, they cannot consent to sexual contact with teachers and other school employees. When a school employee engages in sexual contact with an adolescent otherwise old enough to consent to it, the adult may face a third degree criminal sexual conduct charge. If the child was between 13 and 16 years old when the sexual contact occurred, the adult faces a second degree charge. Mistaking a minor to be older than his or her actual age is not a valid defense to a statutory rape charge in Michigan. Work with an Experienced Michigan Criminal Defense LawyerAlthough you cannot defend your case against a criminal sexual conduct charge by claiming you did not know your young partner’s true age, you can fight the charge through other legal defense strategies. To learn more about these strategies, your rights, and how to approach this type of charge, contact Michigan Defense Law today to set up your legal consultation with an experienced criminal defense lawyer. Via https://www.michigandefenselaw.com/blog/understanding-michigans-age-consent-law/
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A criminal conviction—even for a minor offense—can have a dramatic impact on your life. Not only that, but by default, a conviction will stay on your record forever, unless you seek an expungement. Expungement is the legal process by which a court sets aside a conviction, making it outside the reach of the public record. While Michigan has had an expungement law on the books for quite some time, the law recently changed as of April 2021. Before you make any decisions, it is important to speak with a Michigan expungement lawyer. Call us today. How Does Michigan’s New Expungement Law Work? Recently, Michigan lawmakers made some significant changes to the state’s expungement laws, making the process available to more people than ever before. Under the new law, expungements are broken down into two categories: marijuana misdemeanor offenses and other misdemeanor and felony offenses. Marijuana Misdemeanor Convictions The process for expunging a misdemeanor offense involving possession of marijuana is the most straightforward. A person seeking an expungement for a qualifying offense must petition the court, providing all the necessary information. Once they file the expungement, the prosecutor then must choose whether to contest the application for expungement. If the prosecutor decides to contest the expungement, the court will hold a hearing. At the hearing, the prosecutor will argue why they believe expungement is not appropriate. However, if the prosecutor does not challenge the application within 60 days, the court will enter an order setting aside the conviction within 21 days. There is no waiting period to file for expungement based on a misdemeanor marijuana crime. Other Misdemeanors and Felony Convictions The rules for setting aside non-marijuana misdemeanors and felony convictions are a bit more complex. First, only certain offenses qualify for expungement. For example, the following are all excluded from the list of crimes for which expungement is available:
The waiting period to file for an expungement for a non-marijuana misdemeanor or felony conviction ranges between three to seven years. The waiting period starts once you complete your sentence, including probation. If you pick up a new arrest during the waiting period, it will not disqualify you; however, you will be disqualified if you are convicted of a new crime. Are You Seeking to Expunge Your Record? While the new Michigan expungement laws make it easier to clear your record, the process is still complex. And prosecutors may contest your application, making the process even more difficult. At Michigan Defense Law, we handle all types of expungement petitions on behalf of clients hoping to get a fresh start. We are familiar with the new and evolving laws and can effectively help you prepare your petition with supporting information as to why an expungement is justified. To learn more, and to schedule a free consultation with one of our Michigan criminal defense lawyers, call 248-451-2200 today. Via https://www.michigandefenselaw.com/blog/michigans-changing-expungement-laws-mean-thousands-now-qualify-for-a-fresh-start/ |
About UsIf you or a loved one is facing criminal charges, it can be a traumatic and confusing time. That's why it's crucial to have a skilled and compassionate attorney by your side who will work tirelessly to protect your rights and defend your case. With Paul J. Tafelskj on your side, you can have peace of mind knowing that you have a tenacious advocate who will fight for you every step of the way. FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com Linktr.ee Solo.to Pearltrees Follow.it 500px Feedspot Shutterfly Skillshare Feedly Alltop Feeder Bloglovin Netvibes Mystrikingly Archives
January 2023
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