D.G. Moore is a highly experienced Michigan criminal defense attorney with a proven track record of successfully defending clients against sex crime charges, including Assault with Intent to Commit Criminal Sexual Conduct under MCL 750.520g. This guide provides an in-depth look at Michigan’s laws, penalties, and available defenses.

Michigan Penal Code Section 750.520g: Assault with Intent to Commit Criminal Sexual Conduct

Michigan Penal Code Section 520g (MCL 750.520g) defines assault with intent to commit criminal sexual conduct, a felony punishable by up to 10 years imprisonment if involving penetration or up to 5 years if second degree.

What Is Assault with Intent to Commit Criminal Sexual Conduct?

Under MCL 750.520g, this charge applies when an individual attempts to engage in criminal sexual conduct but does not complete the act. This offense is divided into two categories:

Assault with intent to commit criminal sexual conduct is a serious felony punishable by significant prison time and other severe penalties.

1. Assault with Intent to Commit Criminal Sexual Conduct Involving Penetration

To secure a conviction, the prosecution must prove:

• The defendant attempted to commit battery or acted in a way that made the victim fear an immediate battery.
• The defendant intended to injure the victim or cause fear of harm.
• The defendant had the ability or appeared to have the ability to carry out the assault.
• The defendant intended to commit sexual penetration.

2. Assault with Intent to Commit Criminal Sexual Conduct in the Second Degree

The prosecution must prove:

• The defendant attempted to commit battery or acted in a way that made the victim fear an immediate battery.
• The defendant intended to injure the victim or cause fear of harm.
• The defendant had the ability or appeared to have the ability to carry out the assault.
• The defendant intended sexual contact involving genital areas, groin, inner thigh, buttocks, or breasts.
• The act was intended for sexual gratification or arousal.
• The victim was a minor, mentally incapacitated, or in a vulnerable position due to the defendant’s authority.

The severity of the charge can be elevated under circumstances involving the victim’s age, relationship to the defendant, or other factors.

Full text of MCL 750.520g – Michigan Legislature

Penalties for Assault with Intent to Commit Criminal Sexual Conduct

In some cases, individuals convicted of these offenses may also be subject to lifetime electronic monitoring.

Michigan Sex Offender Registry Q&A

Additional Consequences of a Conviction

Beyond jail time and fines, a conviction can result in:

• Mandatory sex offender registration for 15 years to life.
• Difficulty securing housing and employment.
• Loss of professional licenses.
• Permanent criminal record impacting future opportunities.
  • The charges may be more severe if the victim suffered personal injury as a result of the assault.

Defenses Against Assault with Intent to Commit Criminal Sexual Conduct

Facing assault with intent to commit CSC charges does not automatically mean a conviction. Several strong defense strategies may be used to challenge the allegations.

1. Lack of Intent

The prosecution must prove that the defendant had a clear intent to engage in a sexual act. If the intent was misinterpreted or non-existent, the charge may not hold. If the victim was not mentally incapable, the intent may be misinterpreted.

2. False Allegations

Accusations of sexual assault can sometimes be fabricated due to personal motives such as revenge, custody disputes, or misunderstandings.

False allegations can also arise from disputes within the same household.

3. Lack of Evidence

The prosecution must prove guilt beyond a reasonable doubt. If there is no physical evidence, eyewitness testimony, or credible proof, the case may be dismissed. The case may be further complicated by any additional criminal offense arising from the same incident.

4. Constitutional Violations

If law enforcement violated your constitutional rights (such as unlawful searches, coerced confessions, or lack of due process), the charges may be thrown out.

Know Your Rights – ACLU

Why You Need a Michigan Criminal Defense Lawyer

A conviction for Assault with Intent to Commit Criminal Sexual Conduct can have devastating consequences, including prison time, lifetime sex offender registration, and permanent damage to your reputation.

D.G. Moore has decades of experience successfully defending clients facing sex crime charges in Michigan. He will fight to protect your rights, challenge the prosecution’s case, and work to get your charges reduced or dismissed.

Don’t risk your future. Call D.G. Moore Law at (269) 808-8007 for a confidential consultation today.

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Frequently Asked Questions (FAQs)

Is Assault with Intent to Commit CSC a Felony?

Yes, both degrees of this charge are felonies with severe penalties, including prison time and mandatory sex offender registration.

Does This Charge Require Sex Offender Registration?

Yes, sex offender registration is required, with terms varying from 15 years to life based on the victim’s age and other factors.

Can You Be Charged Without Physical Evidence?

Yes, but cases relying solely on accusations without physical evidence are harder to prove beyond a reasonable doubt.

Can These Charges Be Dropped?

Yes, if there is insufficient evidence, constitutional violations, or a lack of witness credibility, charges may be dismissed.

What Should I Do If I’m Charged?

• Do not speak to law enforcement without an attorney.
• Do not admit guilt or try to explain.
• Hire an experienced criminal defense lawyer immediately.