Shannon M. Smith is a sex lawyer who defends clients accused of criminal sexual conduct and other Michigan sex crimes. Most cases handled by Shannon Smith involve children and many of them are not brought forward until years after the alleged event.
It is important to know how long the state has to bring charges for sex crimes because sometimes the prosecution waits too long and the case may be dismissed. This article is intended to provide a general view of the Michigan statute of limitations. If you have a specific case, please schedule a private consultation with our office since there are some exceptions with the statute of limitations.
The prosecution does not have a time limit for charges of 1st degree criminal sexual conduct. There is no statute of limitations. It is important to know, however, that the law has changed for 1st degree criminal sexual conduct when a child under thirteen is allegedly involved. Right now, the law carries a 25-year mandatory minimum on these cases. In the past, there was not a mandatory minimum. It is critical to use a sex lawyer that understands when and how the law changed – not everyone is subject to the 25-year minimum prison sentence if convicted.
Cases involving the following Michigan sex crimes have to be charged within ten years of the event or by the alleged victim’s twenty-first birthday, whichever is later:
- 2nd degree criminal sexual conduct and/or Attempted 2nd degree criminal sexual conduct
- 3rd degree criminal sexual conduct and/or Attempted 3rd degree criminal sexual conduct
- 4th degree criminal sexual conduct and/or Attempted 4th degree criminal sexual conduct
- Assault with intent to commit criminal sexual conduct (penetration or touching)
- Cases of child sexually abusive activity, possession of child sexually abusive material and other Internet crimes.
To understand the difference between the various criminal sexual conduct crimes, click here.
There are some exceptions to this rule, however, and there are some circumstances that can extend or toll the Michigan statute of limitations. A sex lawyer can review those exceptions.
Even when an abundance of time has passed in between the alleged incident and the charges, these cases can be successfully defended. Sex cases are unlike any kind of case, so it is critical to hire a sex lawyer. As you can see from the information above, these cases have several laws and complicated issues that are unique to these cases.