Sexual Assault Laws in Michigan

Michigan calls sexual assault criminal sexual conduct (CSC), in four degrees. First degree CSC (sexual penetration with aggravating circumstances such as a victim under 13, force causing injury, being armed, help from others, or during another felony) is a felony punishable by life or any term of years; when the offender is 17 or older and the victim under 13, the minimum is 25 years, and lifetime electronic monitoring is required. Third degree CSC (penetration by force or coercion, with a victim known to be incapacitated or helpless, or with a 13- to 15-year-old, among other circumstances) is a felony punishable by up to 15 years. Second degree CSC (sexual contact with aggravating circumstances) is a felony punishable by up to 15 years, and fourth degree CSC (sexual contact by force or coercion or with an incapacitated victim, among others) is a misdemeanor punishable by up to 2 years and/or a $500 fine. Sex with a consenting teenager is covered on the age-of-consent page.

Michigan's rule on court-appointed lawyers: Under the Michigan Indigent Defense Commission Act, the local indigent criminal defense system determines indigency (including partial indigency) not later than the defendant's first appearance in court, considering income, property, obligations, dependents, employment and training history, and education. A defendant is indigent if unable to obtain competent, qualified legal representation without substantial financial hardship to himself or herself or dependents; substantial financial hardship is rebuttably presumed if the defendant receives personal public assistance (including food assistance, TANF, Medicaid or disability insurance), resides in public housing, earns an income less than 140% of the federal poverty guideline, is serving a sentence in a correctional institution, or is receiving residential mental health or substance abuse treatment. Others receive a more rigorous screening. A partially indigent defendant contributes an amount set under MIDC standards, subject to prompt judicial review. The defendant must apply for indigent defense counsel and establish indigency, with statements made under oath or an equivalent affirmation. No application fee is stated in this section. MCL 780.991(3)

Lawyers set their own fees, and Michigan has rules on how they may charge. See hiring a criminal defense lawyer in Michigan for fee rules, how to check a lawyer's license and free help.

How release before trial works in Michigan: Except as otherwise provided by law, a person accused of a criminal offense is entitled to bail, and the amount of bail shall not be excessive. The court fixes the amount, and in doing so must consider and make findings on the record as to each of: the seriousness of the offense charged, the protection of the public, the previous criminal record and the dangerousness of the person accused, and the probability or improbability of the person accused appearing at trial. If the court allows a 10% deposit bond, the accused may instead post a surety bond, approved by the court, for one-quarter of the full bail amount. For an ordinance violation or misdemeanor, the court may accept surrender of a valid driver's license in place of other security or as a condition of personal-recognizance release. MCL 765.6 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Michigan expungement and record sealing rules.