Last month, we wrote about David Harold Fricke, a 38-year-old Kent County man who had been charged with first-degree criminal sexual conduct in the alleged sexual assault of a 9-year-old girl in November of 2013. Now, Fricke has pleaded guilty to two counts of second-degree criminal sexual conduct, a move that will not only prevent the young victim from having to testify, but likely result in reduced prison time for Fricke. 10896969

According to a news article at, Fricke initially told police that the girl was responsible for the sexual contact, and that she approached him while he was taking a shower. Now, he admits that he initiated the contact with the girl, touching her breasts and buttocks at his home. Had Fricke gone to trial and been convicted of first-degree CSC, he would have faced a minimum of 25 years in prison. Now, he will face up to 15 years in prison.

While the alleged victim claims there were four occasions on which she was assaulted, no more charges will be filed according to Assistant Kent County Prosecutor Robin Esslinger, as it was agreed as part of the plea deal that no additional charges would be filed in connection with this victim.

Fricke is scheduled to be sentenced on November 24, and until that time remains in jail without bond.

When an individual is accused of a sex crime, it is to his or her advantage to consult with an experienced Michigan sex crime attorney. In cases where the evidence is overwhelming and a conviction is almost a guarantee, it is often advantageous to the defendant to plead guilty to lesser charges. As in this case, a guilty plea may result in reduced prison time.

That being said, there are many occasions on which the evidence is weak or non-existent. When someone is falsely accused of sexual assault, child molestation, or other related behavior, it is critical to protect your innocence and good name. In these instances, going to trial is the only way to prove your innocence unless evidence is introduced prior to trial that proves you did not commit the crime. Regardless of the situation, in order to obtain the best possible outcome it is vital to discuss your case with a seasoned sex crime defense lawyer in Michigan.

Last month, 29-year-old Joshua C. Waite was charged with two counts of first-degree criminal sexual conduct and one count of second-degree CSC in the alleged sexual assault of a 6-year-old Saginaw County girl. Waite allegedly sexually assaulted the victim in Carrollton Township on September 19, according to his arrest warrant. On Monday, Saginaw County District Judge M.T. Thompson ruled at Waite’s preliminary hearing that probable cause exists for him to stand trial on only one of the charges, second-degree criminal sexual conduct. shutterstock_70108591

First-degree criminal sexual conduct involves penetration, and carries a maximum sentence of life in prison. When someone younger than 13 is the alleged victim, the minimum sentence for those convicted is 25 years. Now, Waite will face up to 15 years in prison if he is convicted of second-degree CSC.

Assistant Prosecutor Jennifer Janetsky dropped the first-degree charges against Waite when the young victim could not testify adequately regarding the penetration portion of the alleged sexual assault. However, the judge ruled that probable cause was established by the young girl regarding the second-degree charge.

As of Monday afternoon, Waite remained in jail on a bond of $10,000 or 10 percent as amended by the judge after the most serious charges were dropped.

In Michigan, first-degree criminal sexual conduct is the most serious sex crime charge, leaving those convicted facing possible life in prison. In this case, the defendant will face a maximum of 15 years in prison if found guilty of second-degree CSC. While no one wants to spend any time at all behind bars, 15 years is better than life. It remains to be seen whether the defendant in this case will proceed to trial on the charge, or whether a plea deal may be agreed upon. In the majority of cases, defendants who enter a guilty or no contest plea to lesser charges will face punishment that is less harsh.

While it is impossible to know in this case, young children are often “coached” into saying things or making up stories that are not true by adults who want revenge for one reason or another. In order to protect your legal rights and freedom, it is critical to work with a highly skilled Michigan sex crime defense attorney. Regardless of your situation, do not face accusations of sexual assault or rape on your own.

Last week, a probable cause hearing was held for Brian Lee Gillespie, a 33-year-old man who is accused of sexually penetrating a 6-year-old girl on multiple occasions in her Muskegon Township home in 2013. The girl, who is now seven years old, was accompanied by an advocacy dog as she calmly testified regarding what Gillespie had allegedly done to her. According to prosecutors, the defendant also gave the girl a sexually transmitted disease. OLYMPUS DIGITAL CAMERA

The alleged victim wore a pair of dark glasses given to her by the Assistant Prosecutor to help block out the courtroom as she gave her account of what happened. Oscar, the black lab, was also at her side to give comfort and help the girl remain calm. According to the girl, the first assault took place in the living room of her family’s home while she was on school break. After hearing the alleged victim’s testimony, visiting 60th District Judge Richard Kloote found the evidence compelling enough to bound Gillespie over for trial. He is charged with one count of first-degree criminal sexual conduct with a person younger than 13, charged as a second-time habitual offender.

According to the news report at, a physician determined that the girl had an STD, and Child Protective Service was contacted. The agency then launched an investigation in conjunction with Muskegon Township Police officials. The public defender appointed to Gillespie’s case motioned to reduce the $200,000 cash or surety bond, however Kloote denied the motion.

Michigan sex crime attorneys know that there are countless cases in which an innocent adult is accused of sexually assaulting a child. In many of these situations, the child has been coerced or encouraged by an adult to make false accusations, often out of revenge, jealousy, or in matters involving child custody. However, when a 6-year-old child is diagnosed with a sexually transmitted disease, it is impossible to deny that someone has violated the child. If Gillespie proceeds to trial and is found guilty, he could face punishment that includes life in prison without parole.

In many cases a defense lawyer may determine that the outcome would be more favorable for the client if he/she pleads guilty or no contest to a lesser charge. Every case is different, however in order for anyone who has been accused of sexual assault, rape, or any sex crime to obtain the best possible result it is vital to obtain the legal support and guidance of an experienced and aggressive attorney. If you have been accused of a sex offense, contact a dedicated Michigan sex crime lawyer immediately.

Recently, a 63-year-old Flint man whose name has not been revealed as he is awaiting arraignment was charged with 18 counts of criminal sexual conduct and child pornography. The man, who was arrested in Kentucky, is being extradited back to Genesee County for court proceedings, according to news reports. At the time, it was not known if the suspect would fight the extradition. camera-1432435-1-m

A warrant for the man’s arrest was authorized by the Genesee County Prosecutor’s Office in late September, according to Prosecutor David Leyton.

The man is charged in all with 18 counts including two counts of first-degree criminal sexual conduct, seven counts of second-degree criminal sexual conduct, and nine counts which are related to the manufacture, possession, and distribution of child pornography. Charges were filed after one of the alleged victims told a family member about the abuse, which occurred in Flint. Apparently, the alleged victim told her cousin about the abuse which led to further family discussion about the matter.

Leyton said that it may be a week or two or several months before the suspect is arraigned on charges, depending on whether he fights extradition.

The charges the unnamed man is facing are extremely serious. First-degree criminal sexual conduct involves penetration, and is punishable by up to life in prison. The manufacture and distribution of child pornography charges are very serious as well. If the suspect pleads not guilty and is convicted at trial, he may very well spend the rest of his life behind bars.

Michigan sex crime attorneys know there are various legal options which may help in reducing the damage to a defendant’s life. For instance, in some cases it may be favorable to the defendant to plead guilty to lesser charges, which often results in reduced jail time. However, if the accused is innocent of the allegations against him/her, it is usually best to fight the charges, particularly when there is no evidence, or the evidence is weak.

Ultimately, anyone who is accused of sexual assault or child pornography should discuss the situation with a skilled and aggressive defense lawyer. Having effective legal representation is the only way to truly protect your legal rights and future, and obtain the best possible results.

On Wednesday, October 8, 39-year-old Philip Charbonneau was found not guilty by an Arenac County jury of raping his estranged wife, according to a news report at wedding-rings-1060980-m

The jury deliberated for only one hour before coming back with the not guilty verdict. Charbonneau was accused of raping his wife in February of this year, when he visited her home. According to the news article, the two had been working on getting back together after a period of separation and seeing other people. Charbonneau was charged with one count of larceny in a building for allegedly stealing his wife’s wedding ring, and two counts of first-degree criminal sexual conduct.

At trial, the prosecution argued that while at his estranged wife’s home, Charbonneau became angry with her and forced her into having sex before stealing her wedding ring and leaving with it. Charbonneau’s defense attorney agreed that his client did have sex with his wife, however it was consensual. Charbonneau and his wife testified at trial, although it was not revealed what either said during testimony.

Had Charbonneau been convicted of first-degree criminal sexual conduct, he would have faced up to life in prison. First-degree CSC is the most serious sex charge of all, and involves penetration.

Most Michigan sex crime attorneys would not find the outcome of this case at all surprising. When two individuals are involved in a tumultuous relationship, accusations may be made out of anger or revenge. While a wife can certainly be raped by her husband or forced into having sexual relations without giving consent, it is generally hard to prove, especially considering the two were working on putting their relationship back together.

All sex crime allegations should be taken very seriously, as a conviction will result in serious and even life-changing consequences. Had the defendant in this case been found guilty, he could be spending the rest of his life or a substantial number of years behind bars. Sex crimes are prosecuted vigorously in the state of Michigan, whether an individual is accused of possessing or distributing child pornography, child molestation, or any type of sexual abuse or assault. It is vital to consult with a skilled and aggressive Michigan sex crime lawyer in an effort to protect your freedom, reputation, and future.

On Wednesday, October 8, a single charge of first-degree criminal sexual conduct against Thomas Burchfield of Albion was dismissed, according to a news article at Burchfield claims to be a minister at the Greater Bible Way Temple in Jackson, although detectives said that the church’s website does not list him as such. up-on-the-pulpit-760078-m

Charges were dismissed because the 7-year-old alleged victim refused to testify at a preliminary exam last week while the defendant and his family were in the courtroom. Burchfield was charged with first-degree CSC in September; prosecutor’s intend to re-issue charges against the defendant after requesting the judge place Burchfield behind a screen and close the courtroom to observers during the girl’s testimony.

Burchfield was accused of sexually assaulting the victim as he babysat her at an apartment complex in late June of this year. A police report indicates that the girl was combing Burchfield’s hair as he sat in front of the television. Burchfield stated in an interview with police that he repositioned the girl while she was sitting in his lap so that she was on his right knee, but that he did not touch her purposely in an inappropriate manner.

The girl’s mother took her to a hospital after she claimed Burchfield touched her, and she allegedly noticed some bleeding.

Michigan sex crime attorneys understand how difficult it is to prove guilty or innocence in cases involving young children. As in this case, the little girl refuses to tell her story in front of the defendant and his family. If there is no hard physical evidence, it is very difficult to secure a conviction.

Who is telling the truth, the 7-year-old girl, or Burchfield? While we cannot know at this point, if re-tried and convicted he will face up to life in prison, as first-degree criminal sexual conduct is the most serious sex offense of all. Anyone who is accused of a sex crime, regardless of whether it involves a child, rape, or child pornography, must consult with a capable and aggressive Michigan sex crime lawyer who will work to develop a solid defense and protect your freedom and reputation.

Last week, 30-year-old Timothy Solloway of Dowagiac was found guilty of sexually molesting a child less than 10 years old, according to a news article at Solloway had prior sex offenses and was convicted of first-degree criminal sexual conduct. sad-little-girl-821335-m

According to Cass County Prosecutor Victor Fitz, Solloway was also convicted on two counts of sex offender registry violations. Because of the victim’s age, the minimum mandatory sentence for his first-degree CSC conviction is 25 years. The maximum punishment for this offense is life in prison.

Solloway has been required to register as a sex offender since he was convicted of fourth-degree criminal sexual conduct in 2001. The victim was allegedly assaulted by Solloway at his residence in July of last year. Fitz’s statement also indicated that the child’s mother took the child to a local hospital, where it was found by a nurse that injuries, including abrasions and tears, were indicative of sexual assault. Fitz said that the child indicated that the defendant threatened harm if the child told anyone about the incident.

Solloway is scheduled to be sentenced in front of Cass County Circuit Court Judge Michael Dodge on October 31.

Child molestation is one of the most serious sex crimes an individual can be accused of committing. Like rape or other offenses involving penetration, it is charged as first-degree criminal sexual conduct, the most serious of all sex offense charges. While Solloway will serve a minimum of 25 years if convicted, he could face up to life in prison.

Michigan sex crime defense attorneys use a variety of tactics in defending those accused of sex crimes. In some situations, it may be beneficial to work out a plea agreement with prosecutors, allowing the defendant to plead guilty to a lesser crime. In doing so, the criminal penalties are typically less severe or damaging.

If you have been arrested or charged with any sex-related crime, it is vital to take action immediately in order to protect your legal rights and freedom. Contact a highly regarded Michigan criminal defense lawyer at once, as your future, reputation, and freedom are at risk.

Recently, 48-year-old Emil M. Sporcic Jr. of Oakland was charged with allegedly sexually assaulting two young boys who are now teenagers in various locations in Saginaw County. sad-young-boy-on-the-bank-970752-m

According to a news article at, the sexual assaults took place beginning in January of 2010 and continuing to August of this year. Sporcic has been charged with five counts each of first-degree criminal sexual conduct and third-degree criminal sexual conduct by force or coercion.

A not guilty plea was entered by Saginaw County District Judge A.T. Frank at Sporcic’s arraignment on September 18. He was ordered held without bond, and remains in jail. Last week Sporcic waived his right to a preliminary hearing before District Judge M.T. Thompson. A new hearing date has not yet been scheduled.

While first-degree criminal sexual conduct is the most serious charge for a sexual offense and involves penetration, third-degree CSC also involves penetration. A conviction for first-degree CSC may result in a life prison term, while third-degree criminal sexual conduct carries a maximum penalty of 15 years in prison.

The allegations against the defendant in this case are extremely serious; if found guilty, Sporcic may be sentenced to spend the rest of his life behind bars. Depending on the facts of the case and the evidence, his defense lawyer may advise him that working out a plea agreement with prosecutors may result in a more favorable outcome. However, if Sporcic is innocent of the charges leveled against him, it may be better to go to trial and prove his innocence in order to avoid criminal penalties and the requirement to register as a sex offender.

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On Thursday, September 25, 42-year-old Thomas P. Skulley was arraigned on charges of sexually assaulting a teenage girl who is his relative in Saginaw County in 2007. Skulley pleaded not guilty to a single charge of first-degree criminal sexual conduct against a relative. He posted a 10 percent of $35,000 bond ordered by Saginaw County District Judge M.T. Thompson. promise-1207125-m

The arrest warrant alleges that Skulley sexually assaulted a female relative in January of 2007, and that the girl was between the ages of 13 and 16 at the time of the assault. First-degree criminal sexual conduct is the most serious of all sex crimes, and punished by a maximum term of life in prison.

A preliminary hearing has been scheduled before District Judge Kyle Higgs Tarrant for October 6.

Under Michigan Penal Code 750-520b, first-degree CSC involves sexual penetration, along with other specific conditions. In this case, the defendant allegedly committed sexual penetration with a victim who is between 13 and 16 and a relative (blood or affinity to 4th degree). Depending on the facts of the case, the defendant’s attorney may advise Skulley to go forward to trial, or try to work a plea deal with prosecutors. In many cases, a defendant may plead no contest or guilty to lesser charges, which typically results in less severe criminal penalties.

In cases involving minors who are relatives, it is often difficult to determine if the allegations are true. Children or teens may be coerced or persuaded by other adults to make up stories that are not true, sometimes out of spite or revenge. If the evidence presented at trial is weak or non-existent, it can be difficult to find a defendant guilty based on testimony alone.

Regardless of the situation, anyone who is accused of sexual assault must consult with an experienced and aggressive Michigan sex crime attorney immediately. Your defense lawyer will investigate and examine your case to determine the best way to proceed, so that positive results may be reached. Without a qualified attorney on your side, charges of first-degree criminal sexual conduct could leave you facing a lifetime behind bars.

On September 17, it was reported by that a former junior varsity football coach at Warren Lincoln High School was under investigation for the sexual assault of a 17-year-old female student. The mother of the girl told reporters that her daughter believed the relationship was “true love.” coach-and-players-34668-m

The former coach, who was also a teacher’s aide, allegedly had sexual relations with the girl on the school campus. The girl’s mother said that she received a call from the school, and that they wanted her daughter to make a statement, to which she replied that her daughter could not do anything without her or an attorney present.

The former coach, who has not been named, had not been officially charged with any crime at the time of news reports. He was in California at the time, however investigators said they were continuing the investigation. Louis Galasso of the Warren Police Dept. said that police had requested a warrant for third-degree criminal sexual conduct for two counts. The girl’s mother said that inappropriate text messages had been sent by the coach, along with a video of himself masturbating. She feels that the school district should protect the students better, and that they are to blame.

The coach was immediately placed on unpaid administrative leave in June, when the school district was informed of the allegations of sexual misconduct.

As Michigan sex crime attorneys are fully aware, many young teenage girls find themselves infatuated with teachers, coaches, or others in positions of authority at school. The girl’s mother in this situation admitted that her daughter thought it was “true love.” However, this does not excuse the offender from facing criminal charges. If charged with third-degree criminal sexual conduct and found guilty, the former coach may face up to 15 years in prison.

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