July 15, 2015
by The Law Office of Steven L. Schwartz
Back in October 2013, a Michigan man was accused and convicted of criminal sexual conduct in the first and third degree for allegations of forcing two young boys to urinate in his mouth. According to one local news report, the two boys and their mother rented a home from the defendant. The allegations are that the defendant convinced the mother of the two boys to allow him to use their help for some work around the property.
However, during the time they were together the boys claim that the man threatened to kick their family out of the house unless they urinated in his mouth. The boys allegedly did so and then told their mother a short time later. After hearing about what had allegedly happened, the boys’ mother called police, who then began an investigation culminating in the defendant’s conviction.
At sentencing, the defendant was given two sentences, one for each of the alleged victims. One sentence was 20-50 years, and the other sentence was 25-50 years. The judge ordered those sentences to run consecutively to one another, meaning that the second sentence would not start to run until the first was completed. However, on appeal, the appellate court reversed the sentences, claiming that it was not proper to order them to run consecutively. Instead, the court held, it was appropriate for the sentences to run concurrently, meaning at the same time.
Criminal Sexual Conduct and Consecutive Sentences Most crimes committed in the same course of events are sentenced concurrently. However, in some cases Michigan prosecutors are able to run sentences consecutively, if they can prove that the offenses arose during the same criminal transaction. This can expose a defendant to a much longer sentence.
It is therefore critical for anyone facing more than one charge of criminal sexual conduct to ensure that they are represented by an experienced and dedicated criminal defense attorney who understands that representation doesn’t stop at a finding of “guilty.” In some cases with exceptionally strong evidence and no arguable means of suppression, the question of guilt is second to that of the punishment. In such cases, it is imperative that a criminal defense attorney understand how mitigation can work to reduce his client’s exposure while at the same time doing everything possible to ensure that all sentences are ordered to run concurrently.
Have You Been Charged With Criminal Sexual Conduct in Michigan? If you have recently been charged with criminal sexual conduct in the State of Michigan, you may face what could be an effective life sentence. Make sure that you do everything possible to ensure that you are treated fairly throughout the criminal trial process by retaining an experienced attorney to stand by your side thorough the entire process. Attorney Steven Schwartz has decades of experience in criminal courtrooms, including valuable years as a prosecutor. He understands how Michigan cases proceed through the system and knows what it will take to get his clients the best possible outcome. Call (248) 266-8720 to set up a free consultation today.
- Forty-One People Arrested and Charged in Relation to Alleged Drug Distribution Ring, Michigan Criminal Defense Lawyer Blog, published June 30, 2015.
- Pilot Study Concluded for Ignition-Interlock Devices in Michigan, Michigan Criminal Defense Lawyer Blog, published June 15, 2015.