If there is penetration (oral, anal, vaginal) and any of the following conditions are met, it's first degree.

• The victim is younger than 13.

• The victim is between 13 and 15, and is a member of the perpetrator's household or family.

• The victim is between 13 and 15, and the perpetrator used a position of authority to coerce the victim to submit.

• The perpetrator is committing another crime at the time of the assault, such as burglary.

• If someone helps the perpetrator and they take advantage of someone who is mentally or physically incapacitated.

• The perpetrator has a weapon.

• The perpetrator causes an injury by force or coercion.

Penalties:

• Minimum of 25 years and up to life in prison

• Life-time registration on the Sex Offender Registry

1. Consent - If the victim consented to the sexual contact, there is a defense except for subsection (1-3) above.

2. Not members of the same household - The victim and the perpetrator may have lived together for a short period of time, but need to have the "special relationship" of normal family members.

3. No injury - For example, if the victim had a pre-existing injury, even a sexually transmitted disease, and claimed it was the result of the unwanted penetration.

4. Victim is not mentally or physically incapacitated- For example, the victim claims to be intoxicated at the time but wasn't.

5. Didn't possess a weapon - If the perpetrator had a weapon at one time but abandoned it prior to the sexual assault, there could be a defense.

1. The defendant is charged with the crime of first-degree criminal sexual conduct. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

2. First, that the defendant engaged in a sexual act that involved:

[Choose (a), (b), (c), or (d):]

1. entry into [name complainant]’s [genital opening / anal opening] by the defendant’s [penis / finger / tongue / (name object)]. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.

2. entry into [name complainant]’s mouth by the defendant’s penis. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated.

3. touching of [name complainant]’s [genital openings / genital organs] with the defendant’s mouth or tongue.

4. entry by [any part of one person’s body / some object] into the genital or anal opening of another person’s body. Any entry, no matter how slight, is enough. It is alleged in this case that a sexual act was committed by [state alleged act]. It does not matter whether the sexual act was completed or whether semen was ejaculated.

In defending you, we rely on early investigation. We visit and photograph the scene, interview witnesses, file pretrial motions and develop a logical theory that will prove your innocence to a jury. We also force the State to preserve forensic evidence to make sure that every aspect of your defense is fully developed.

The greatest advantage that we give you is that we are trial lawyers committed to winning above all else. Many people believe that they will get the best representation from a former prosecutor. But former prosecutors become defense lawyers for the money, like mercenary soldiers, while our team became defense lawyers because we care about justice.

Not all law firms are the same! Where most attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National Criminal Defense College, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.

We discover the story of your case by gathering a group of experienced trial lawyers and using the methods developed at the Trial Lawyers College. We get into the minds of the accuser and the witnesses against you so that we can understand their motives to lie. For example, the inmate who accused Doug Koester of sexual assault wanted special treatment and had also filed a lawsuit against the county.

WINNING.  BECAUSE TRYING DOESN'T MEAN SQUAT!

Many lawyers try to tell you that they actually care about something other than your money and their reputation. Ask them if you can contact the last ten people who they went to trial for and see what they have to say. It is extremely unlikely that you can find one criminal defense trial lawyer who has even tried 10 cases in the last year let alone WON that many! Many of our clients allow us to use their actual names and have given us video testimonials.

Other lawyers want you to believe that they are “great”, that they are your “best defense”, and that they "care". We say, "don't let your mouth write checks that your bank can't cash!" See how evasive they become when you start asking tough questions.

Related topics

• Criminal Sexual Conduct - First Degree (CSC I)

• Criminal Sexual Conduct - Second Degree (CSC II)

• Criminal Sexual Conduct - Third Degree (CSC III)

• Criminal Sexual Conduct - Fourth Degree (CSC IV)

• Indecent Exposure

• Sexually Delinquent Person

• Gross Indecency

• Possession of Child Pornography

• Second or Subsequent Offenses

• Failure to Register

• Assault with Intent to Commit Criminal Sexual Conduct

• Victim need not resist in 1st, 2nd, 3rd 4th degree Criminal Sexual Conduct

• Victim need not resist in Assault with Intent to Commit Criminal Sexual Conduct

• Spouses Can Be Charged

• Lifetime Electronic Monitoring