Recent Victories
Sex Crime Charges We Handle
Sex crime allegations span a wide range of conduct and circumstances, and the defense of each requires a different approach.
Michigan Sex Crime Laws and Penalties
Michigan's sex crime penalties are among the most severe in the criminal code, and the consequences extend well beyond the sentence itself.
Criminal Sexual Conduct Penalties
- First-degree CSC: Felony, up to life in prison; mandatory minimum 25 years if the victim is under 13
- Second-degree CSC: Felony, up to 15 years in prison
- Third-degree CSC: Felony, up to 15 years in prison
- Fourth-degree CSC: Misdemeanor, up to 2 years in prison
Sex Offender Registration (SORA)
All CSC convictions require registration under Michigan's Sex Offenders Registration Act. Registration tiers determine reporting frequency and duration:
- Tier I: 15-year registration
- Tier II: 25-year registration
- Tier III: Lifetime registration
Registration is public, restricts where registrants can live and work, and carries criminal penalties for noncompliance.
Enhancement Factors That Increase Penalties
- Victim age (under 13 triggers the most severe mandatory minimums)
- Use of force or coercion
- Position of authority over the victim
- Multiple victims or repeated offenses
- Prior sex crime convictions
- Weapons involved in the offense
Collateral Consequences Beyond Criminal Penalties
A sex crime conviction affects nearly every aspect of a person's life, often permanently.
- Immigration: Sex crime convictions are typically classified as aggravated felonies or crimes of moral turpitude under federal immigration law, triggering deportation and permanent bars to re-entry for non-citizens.
- Sex offender registration: Placement on the public registry prohibits living within certain distances of schools, parks, and other locations where children congregate.
- Employment: A sex crime conviction may disqualify applicants from a range of jobs, including anything involving contact with children, vulnerable adults, or positions of trust.
- Professional licensing: Licensed professionals in healthcare, law, education, and other fields face reporting obligations and disciplinary proceedings. A conviction can mean permanent loss of a professional license regardless of any sentence served.
- Housing: Sex offender residency restrictions and landlord screening policies make finding housing after a sex crime conviction difficult, and federal housing programs carry additional restrictions.
Why Sex Crime Cases Require Immediate Attention
Most people charged with sex crimes don't realize how far along the investigation is by the time they learn about it. Law enforcement typically conducts extensive interviews, collects physical evidence, and assembles its case before making an arrest. By that point, statements have been made, evidence has been processed, and the government's theory of the case is already formed.
Getting an attorney involved immediately matters for several reasons:
- We can engage with investigators before charges are filed and potentially influence what is charged and how.
- We can preserve evidence that supports your defense before it disappears.
- We can ensure that nothing is said or done during the early stages of the case that makes the situation worse.
Anything said to law enforcement without counsel present, however innocent it seems, can become evidence.
Defense Strategies for Sex Crime Cases
Sex crime cases often involve complex, sensitive issues and require a robust and thorough defense. Our defense strategies challenge the prosecution's case at every stage, examining all available evidence and identifying potential weaknesses in the government's position.
Investigating the Complainant's Account
The complainant's account in a sex crime case is not static. We examine the initial report, every subsequent statement, any text messages or communications between the parties, and the circumstances surrounding the disclosure. Inconsistencies, motivations, and the context in which the complaint arose are all relevant to how we defend the case.
Challenging Physical and Forensic Evidence
Physical evidence in sex crime cases, such as DNA, rape kit results, and injury documentation, requires independent, expert analysis. The government's forensic conclusions are not always correct, and the methodology behind them is subject to challenge. We retain our own forensic experts to examine the same evidence the prosecution is relying on.
Consent Defense
When sexual contact occurred but consent is at issue, we build a defense around the totality of the circumstances. The nature of the relationship, communications between the parties, the complainant's behavior before and after the alleged incident, and any evidence that undermines the prosecution's version of events are important considerations.
Challenging Witness Credibility
In cases without significant physical evidence, the prosecution's case depends heavily on the complainant's credibility. We examine prior inconsistent statements, potential motivations to fabricate, and any evidence that bears on reliability, and we present that evidence clearly and effectively.
Fourth Amendment Challenges
Search warrants for phones, computers, and online accounts must meet constitutional standards. When digital evidence was gathered through an unlawful search, we can file suppression motions that can remove the foundation of the government's case. In internet sex crime cases, this challenge is often central to the defense.
Entrapment in Online Cases
Undercover law enforcement operations that solicit individuals online can cross the line into entrapment when the government induces conduct that the person was not predisposed to commit. We examine every step of these operations and assert entrapment where the facts support it.
Meet Our Sex Crime Defense Team
The efforts of our three attorneys are backed up by a full support team. When you choose Markou | Montague | Levine Defense, you’ll have access to a group of talented legal professionals who all know your case and are working toward the same outcome.
Anastase Markou
30+ Years of Criminal Defense
Sarissa K. Montague
18+ Years of Criminal Defense
Randall S. Levine
45+ Years of Criminal Defense
Our journey began in 1987, and since then, we have evolved to protect our clients' future, securing the best possible outcomes. We prioritize: custom strategies for every case, clear communication, and personalized attention.
What Our Clients Say About Us
Areas We Serve
Based in Kalamazoo, our criminal defense team serves clients throughout Southwest Michigan:
Primary Counties:
- Kalamazoo County
- Van Buren County
- Allegan County
- Barry County
- Calhoun County
- St. Joseph County
- Branch County
- Cass County
- Berrien County
- and surrounding communities
Michigan Statewide Services:
- Driver's License Restoration (throughout Michigan)
- Professional Licensing Defense (throughout Michigan)
Your Defense Starts Now
Sex crime charges move quickly, and the stakes are high. The decisions that are made before charges are formally filed, evidence is lost, and statements become part of the record shape everything that follows.
Call now for a free, confidential consultation with a Kalamazoo sex crimes defense attorney who will treat your case with the seriousness it deserves.
Frequently Asked Questions About Sex Crime Charges
Do not speak to law enforcement without an attorney present. Investigators conducting sex crime cases are trained to gather statements that support the charges; even a cooperative, truthful account can be used against you if it's incomplete or mischaracterized. Call us before any interview, voluntary or otherwise.
Yes. Cases are dismissed because of insufficient evidence, constitutional violations during the investigation, problems with the complainant's account, and successful suppression motions. Early attorney involvement gives us the best opportunity to identify those issues before the case proceeds further.
Most sex crime convictions in Michigan require registration under SORA. The duration and intensity of registration requirements depend on the specific offense. Registration affects where you can live, work, and travel, and violations are separately prosecuted as crimes. We fight the underlying charges with the full weight of registration consequences in mind.
A changed account doesn't automatically result in dismissal. Prosecutors can proceed on prior statements, physical evidence, or other corroboration. We use inconsistencies in the complainant's account strategically as part of the overall defense, and we prepare for the possibility that the prosecution continues regardless.
Sex crime convictions are typically treated as aggravated felonies or crimes of moral turpitude under federal immigration law. The consequences for non-citizens include deportation, permanent bars to reentry, and denial of naturalization. We factor immigration consequences into every decision in the case from the beginning.