Articles Posted in Sex Crimes

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In Michigan, the crime of public urination is not included in the Michigan Compiled Laws. However, many towns, villages and cities have ordinances against such behavior and offenders may be arrested for violating the ordinances. For example, Delta Township (west of the City of Lansing) has such an ordinance, which makes urinating in public illegal. The maximum penalty for this misdemeanor is up to 90 days in jail.

Because Michigan doesn’t have a specific crime related to urinating in public, an individual may be charged pursuant to state law under the Indecent Exposure statute, under MCL 750.335a or the Disorderly Conduct statute. This crime has negative connotations which are associated with deviancy or sexual misconduct. A conviction on a person’s record leads to undeserved misunderstandings and possibly labels the person as a weirdo or trouble maker.

Unfortunately, many persons who engage in the conduct of urinating in public are those who leave taverns or bars after consuming alcohol. We see a greater number of persons charged with this crime in places like Royal Oak, St. Clair Shores or downtown Utica where many bars are located within a confined geographical area. The police tend to be on the lookout for misconduct such as urinating in public, disorderly conduct and public intoxication in areas where bars are close to residential areas as well.

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The Michigan Bar Association releases crime data for the state from time to time. While researching cases, we came across an informative article written by the Michigan Bar Association regarding the most frequently charged felonies in the State of Michigan. This article can be viewed here: Top 50 Felonies Most Frequently Charged in Michigan. Based upon our experience, I would agree: this list is an accurate representation of the types of cases that our Macomb County criminal defense firm handles on a frequent basis.

Listed below is a selection of the top felonies charged in Michigan:
Possession of a Controlled Substance (heroin, cocaine, analogues)
• Possession of Marijuana (double penalty for second offense)
• Possession of methamphetamine (MDMA)
Possession with intent to deliver less than 50 grams (cocaine, narcotic)
• Possession of an Analogue controlled substance (pills)
• Possession with intent to deliver marijuana • Manufacturer or delivery of less than 5 kilograms of marijuana • Drunk driving – 3rd offense
• Assault with Dangerous/Deadly Weapon (“Felonious Assault”)
Assault with Intent to do Great Bodily Harm
• Resist/Obstruct a Police Officer & fleeing and eluding • Criminal Sexual Conduct – 1st, 2nd, 3rd and 4th Degree • Keeping or Maintaining Drug House • Home Invasion
• Retail Fraud 1st Degree (Retail Fraud 2nd and 3rd Degree are misdemeanors)
• Larceny in a Building, Larceny from a Vehicle
Sometimes, the amount of loss will determine whether an offense is classified as a felony. Offenses, such as embezzlement and malicious destruction of property, are also on the list of top felonies when the value is $1,000.00 or greater. If the value of stolen property was less than $1,000.00, the offense would qualify as a misdemeanor.

Pursuant to the Michigan Sentencing Guidelines, felonies are further broken down into categories that determine the accompanying sentence. Punishment for each class is listed below:

  • Class A – Life imprisonment
  • Class B – Up to 20 years in prison
  • Class C – Up to 15 years in prison
  • Class D – Up to 10 years in prison
  • Class E – Up to 5 years in prison
  • Class F – Up to 4 years in prison
  • Class G – Up to 2 years in prison
  • Class H – Jail or other intermediate sanctions, such as fines

Note: A future blog will be dedicated to the Michigan Sentencing Guidelines.

Below, you will find connections to some of our blogs that are pertinent to felony cases:

All Felony-related Posts

Drug Possession

Felony Assault – Assault with a Deadly Weapon

Fleeing, Eluding and Obstructing the Police

First Degree Retail Fraud and Larceny

Third Drunk Driving Conviction

Child Abuse and Neglect

Felony Marijuana Possession
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Can I be charged with a crime if only one person says I did it and there are no other witnesses or evidence (commonly called “he said/she said” cases)?

Answer: YES.

This is a question that we are frequently asked in cases involving relationships such as spouses, lovers, family members etc… These cases usually involve domestic violence, assault crimes, stalking, sex crimes or other personal crimes. The prosecutor may opt to charge a person with the alleged crime even though the suspect denies the allegations, there are no other witnesses and there is a complete lack of any other evidence (no injuries, no video, no confession).

Evidence Traps in He Said/She Said cases

The police agency assigned to cases such as this are often aggressive and will attempt to try and gain a confession from the accused to strengthen the case for prosecution. Sometimes in “he said/she said” cases, the alleged victim will call the suspect on the telephone with a script of loaded questions. A recording of the conversation can be used as evidence unless it is obtained illegally (Michigan Law-recording conversations). The phone call may be initiated with police encouragement before the suspect has knowledge that a police report has been filed!

As an active criminal defense lawyer in Macomb County, our firm has represented 1000’s of clients charged with crimes. Sometimes, the only evidence is the statement by an angry party in a tumultuous relationship who is seeking attention, revenge or retaliation. Far too often, the police attempt to get the suspect to talk for the purpose of proving facts surrounding the alleged incident such as alcohol consumption or an argument. Remember, the police rarely call someone unless a police report alleging a crime is filed. For this reason, you should retain a lawyer if you are suspected or charged with a crime and refrain from talking to the police.

Links to some other frequently asked questions:

Can my case be dismissed if I wasn’t advised of my Miranda rights?

Am I entitled to make a phone call if I am arrested?

Can I be charged with a crime if only one person says I did it and there are no other witnesses or evidence?

Do court appointed lawyers work for the police and prosecutor?
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The stigma and embarrassment associated with a conviction for indecent exposure or gross indecency can last a lifetime. A fair number of the indecent exposure and gross indecency cases that our firm has handled in Macomb and Oakland County involve youthful offenders who engage in some type of sexual activity in a public place after consuming alcohol. Sunbathing in the nude or exposing a private body part can qualify as a criminal indecent exposure offense. Yet there are many cases which I like to qualify as misunderstandings because the exposure was unintentional or under circumstances where the offender had a reasonable expectation of privacy.

While most indecent exposure offenses are prosecuted as misdemeanors in Michigan, the offense of gross indecency is a felony punishable by up to five (5) years in prison. Under certain circumstances, indecent exposure or gross indecency can be punished as a felony in Michigan which can carry a maximum term of life in prison if committed by someone who is classified as a sexually delinquent person. Any person charged with offense of indecent exposure or gross indecency should not hesitate to retain legal representation.

Michigan’s Indecent Exposure statute(MCL 750.335a) provides:
1. A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.
2. A person who violates subsection (1) is guilty of a crime, as follows:
a. Except as provided in subdivision (b) or (c), the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.
b. If the person was fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, while violating subsection (1), the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
c. If the person was at the time of the violation a sexually delinquent person, the violation is punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.

The term “sexually delinquent person”, shall mean any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16.

The goal of our firm when retained by someone who is charged with indecent exposure or gross indecency is to avoid a conviction under these statutes.
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