750.520g Assault with intent to commit criminal sexual conduct; felony.
Assault with intent to commit criminal sexual conduct or sexual penetration is a felony in the state of Michigan, and involves using coercion, force, weapons, physical violence, or other articles, which may be construed as a weapon, threat, or force by the victim to commit an act involving sexual penetration. Using physical violence, force, weapons, or other articles in order to commit sexual penetration will result in criminal charges of first-degree criminal sexual conduct, the most serious of all sex offenses in Michigan. Even when penetration is not accomplished, individuals who are convicted of assault with intent to commit criminal sexual conduct will face serious criminal penalties.
Penal Code 750.520g (1) Assault with intent to commit criminal sexual conduct in the first-degree is defined as accomplishing sexual penetration through the use of violence or force.
Penal Code 750.520g (2) Assault with intent to commit criminal sexual conduct in the second-degree is defined as accomplishing sexual contact through the use of force, violence, or coercion without penetration.
The criminal penalties for assault with intent to commit criminal sexual conduct are severe. The punishments an individual will face if convicted depend on a number of factors and the specific offense the individual is charged with.
Assault with intent to commit criminal sexual conduct in the first-degree (involving penetration) will result in penalties that include a maximum of 10 years in prison.
Assault with intent to commit criminal sexual conduct in the second-degree (sexual contact without penetration) will result in penalties that include a maximum of 5 years in prison.
Individuals who are convicted of assault with intent to commit criminal sexual conduct and other sex crimes may be required to register as a sex offender, and placed on the Michigan Public Sex Offender Registry. The severity of the crime will determine how long an individual will have to register. Being placed on the public registry has many negative consequences including disqualification for government programs, the loss of freedom to choose where you live, loss of potential job opportunities and which schools you may attend, and more.
There are four other crimes related to assault with intent to commit criminal sexual conduct. These include:
- First-degree Criminal Sexual Conduct
- Second-degree Criminal Sexual Conduct
- Third-degree Criminal Sexual Conduct
- Fourth degree Criminal Sexual Conduct
First-, second-, and third-degree criminal sexual conduct are felony offenses; fourth-degree criminal sexual conduct is a misdemeanor offense.
Experience and Success:
The criminal defense attorneys at Grabel & Associates have extensive experience and skill in defending individuals charged with all types of sex offenses, including Assault with Intent to Commit Criminal Sexual Conduct. Our firm has achieved great success in defending other charges, including First Degree Criminal Sexual Conduct. In numerous sex-related cases we have been successful in obtaining acquittals, dismissals, and appealing to have convictions overturned.
Proving your innocence requires a solid and effective defense strategy. Sex crimes are often difficult to prosecute, and equally difficult to defend given that children often have poor memory (when a child is the alleged victim) and that in a situation involving an alleged adult victim, false accusations are often made out of spite, revenge, or rage. Those who have already been convicted may want to pursue an appeal of your sentence or conviction, or learn more about post-conviction relief.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
(1) Assault with intent to commit criminal sexual conduct involving sexual penetration shall be a felony punishable by imprisonment for not more than 10 years.
(2) Assault with intent to commit criminal sexual conduct in the second degree is a felony punishable by imprisonment for not more than 5 years.
History: Add. 1974, Act 266, Eff. Apr. 1, 1975
Compiler's Notes: Section 2 of Act 266 of 1974 provides: “Saving clause.“ All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to affect any prosecution pending or begun before the effective date of this amendatory act.”