Assault with the Intent to Sexually Penetrate in Michigan

Assault with intent to sexually penetrate is one of the two lesser offenses contained in the Criminal Sexual Conduct Act in Michigan. It is a specific intent crime which our attorneys will discuss in more detail. The standard scenario for an assault with intent to sexually penetrate is when a person is caught in a compromising position and it looks like something more is about to happen. For instance, if a person is in someone’s bedroom or takes a person into a closet, but is interrupted before anything else occurs. This can be an especially challenging circumstance depending on the evidence that is presented. Consequently, having expert legal counsel is essential to presenting a strong defense in situations where a person is charged with assault with intent to commit criminal sexual conduct involving penetration. Our attorneys have successfully represented clients charged with assault with the intent to sexually penetrate in Michigan. Contact us 24/7 at our hotline or through the online contact form to set up your free consultation.

Assault with the Intent to Sexually Penetrate Lawyers with Experience

Grabel & Associates is the premier legal defense firm in the state of Michigan, and we have been specializing in sex crimes for more than 19 years. Our lawyers and staff understand that when a person faces a serious criminal charge, things are not often as they appear. There are two sides to every story, and we are here to help tell your side and fight to have you exonerated. The specific approach we take will depend on a multitude of factors including what facts, testimony, and evidence are available, and what stage of the legal proceedings you are currently in. If you have yet to be charged, then we will work to prevent these allegations from ever materializing into formal charges against you. This keeps your record clean and prevents things from going any further in court. However, if charges have already been filed, then the primary objective is to win your case and get the charges reduced, dropped, or dismissed. In this section we will learn more about the offense of assault with the intent to sexually penetrate, and then talk about what we can do to help you start moving in a positive direction towards a favorable outcome.

The Potential to Be Convicted of Assault with Intent to Commit Criminal Sexual Conduct Involving Penetration Even if You Were Charged with Another Offense

The Michigan supreme court has held that if the prosecutor cannot get a conviction on the charge he or she brought, then the court can still enter a conviction for one of the lesser offenses or “inferior” degrees if there is sufficient evidence presented. Therefore, if you are charged with a criminal sexual assault first degree or a criminal sexual assault third degree and if the prosecution cannot meet his or her burden on those charges, then you could still potentially face a conviction of assault with intent to sexually penetrate. This might be a circumstance where the prosecution believes that a criminal sexual conduct first degree or criminal sexual conduct third degree did occur, but there is insufficient evidence to prove the element of penetration. Therefore, it is essential to be mindful of all potential outcomes when defending against criminal sexual assault charges, so you do not end up with a conviction.

Attempted Criminal Sexual Conduct Vs. Assault with Intent to Commit Criminal Sexual Conduct Involving Penetration

Assault with intent to commit criminal sexual conduct involving penetration is one of the two lesser offenses under the Criminal Sexual Conduct Act. Although its name may be misleading, it is actually different than an attempted criminal sexual conduct first degree or attempted criminal sexual conduct third degree. CSC first degree and CSC third degree are both penetration offenses, but an attempted criminal sexual conduct first degree is very different than an assault with intent to commit criminal sexual conduct involving penetration. The main difference is actual assault must have occurred with a charge of an assault with intent to commit criminal sexual conduct involving penetration.

The defining characteristic of an attempt crime is when a person takes a step beyond mere preparation, but never actually assaults the other person. The Michigan court of appeals has held that if a person takes steps beyond “mere preparation” but never actually commits an assault, then an attempted criminal sexual assault may be the correct charge. The courts have stated that to charge a person with an attempted CSC charge there are two elements that must be present. First, that there is evidence showing the specific intent to commit a crime, and second, an overt act going beyond mere preparation toward committing the crime.

Conversely, for an assault with intent to commit criminal sexual conduct involving penetration, an actual assault must have been committed. The two elements of this felony are that the person accused committed an assault, and he or she had the intent to commit criminal sexual conduct involving penetration.

Specific Intent vs. General Intent

Assault with intent to commit criminal sexual conduct involving penetration is a specific intent crime. To be convicted, the person must have intended an act involving some sexually improper intent or purpose. This creates an especially challenging circumstance for defense, because there is no need to demonstrate that a sexual act was ever started or completed. However, the prosecution has the even more difficult task of trying to prove what the accused was about to do.

A general intent crime is a crime where it is only necessary to demonstrate that the person desired to perform the specified act, not that they intended to bring about a specific result. Consequently, general intent crimes are easier to prove in court, because the prosecution only needs to prove that something happened, not what the person intended to have happen in the future. Specific intent crimes require evidence that the accused intended to bring about a specific result. So here, the prosecutor is required to demonstrate not just that a misdemeanor assault occurred, but also that the person intended to sexually penetrate the other person.

This can be a very difficult element to prove, and consequently can be one of many defenses available for demonstrating an accused person’s innocence. Evidence proving what someone intended to do in the future is a difficult task unless someone specifically admits what they intended to do.

Penalties for the Felony Charge of Assault with Intent to Commit Criminal Sexual Conduct Involving Penetration

Assault with intent to commit criminal sexual conduct involving penetration is a felony with a maximum penalty of 10 years in prison. However, this felony is one of the few crimes under the Criminal Sexual Conduct Act that allows a person to receive probation. Therefore, it is potentially possible to be convicted of assault with intent to commit CSC involving penetration and never go to jail. Also, if a person is convicted of assault with the intent to commit criminal sexual conduct involving penetration, then they must register as a sex offender under the Sexual Offender Registration Act. This felony is a tier three offense which is the highest tier, and means that anybody in the community can look up and see your picture, where you live, and what sex crimes you were convicted of.

Grabel & Associates Approach to Assault with the Intent to Sexually Penetrate

This is a serious felony, and if you are facing allegations or charges, then you need an aggressive attorney with the skill and experience to get a favorable outcome. We have defended sex crimes and criminal sexual conduct charges in Michigan for more than 19 years, and we know what it takes to get the best outcome available. We encourage you to review our recent success stories and testimonials.

If you have yet to be charged, then we will work with the evidence and the prosecutor to try to get the allegations dropped and prevent charges from ever being filed. However, if you are already further along in the legal process and formal charges have been issued, then we intend to prepare for trial and win your case. These cases can be very complicated, and it is not unusual for someone to bring false allegations against a person. When this happens, it is necessary to use every tool at our disposal. We conduct our own independent investigations and review all available facts, evidence, and testimony to find weaknesses in the prosecution’s case and to uncover ulterior motives. Occasionally, we may utilize polygraph lie detector tests to either catch the alleged victim in a lie or to help exonerate you.

Whatever your circumstance or situation, we are here to help you win the best outcome possible. We are available 24 hours a day, seven days a week, and offer free consultations so that we can begin crafting your individualized, comprehensive, and aggressive legal defense strategy today. Contact us online or call us 24/7 at 1-800-883-2138 to set up your free consultation.