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Charged With Date Rape In Michigan? Contact George Law For Defense!
Accusations of date rape can have severe consequences, and it’s crucial to have a seasoned sex crimes lawyer on your side. George Law’s criminal defense attorneys are prepared to stand by you as you navigate date rape charges and fight back against accusations that you have committed a sex crime and should be required to register as someone who is a sex offender accordingly. Our criminal defense lawyers are committed to safeguarding your rights and constructing a robust defense strategy so that your alleged sex offense doesn’t change your life forever.
Don’t hesitate to seek help from a sex crimes attorney if you’re facing date rape charges in Michigan. Call our criminal defense lawyer team at (248) 247-7459 or get in touch online to schedule a confidential consultation concerning your date rape case. Put your trust in our skilled criminal defense attorneys to advocate for your best interests and work towards a positive resolution to the date rape charge you’re currently facing.
Gamma-Butyrolactone And Its Legal Status
The world of law can be a complex labyrinth of statutes, regulations, and codes that can often leave the average person feeling confused. To make things a little clearer, let’s focus on a specific piece of legislation: Michigan Public Health Code. This law directly addresses the manufacture, delivery, or possession of a substance known as gamma-butyrolactone, commonly linked with date rape incidents. We aim to give a better understanding of what this law entails, and what it means for individuals who may potentially be implicated.
Gamma-Butyrolactone, also known as GBL, is a type of chemical compound that has legitimate uses in various industrial applications, but it’s also a substance that can be misused illegally, such as in the creation of date rape drugs. This is where the Public Health Code comes into play.
Prohibited Actions Related To Gamma-Butyrolactone
According to Michigan Compiled Laws Section 7401b, there are certain actions related to GBL that are explicitly prohibited. Primarily, no one is allowed to manufacture, deliver, or possess GBL with the intention of manufacturing or delivering it. It is also illegal to knowingly or intentionally possess this substance, or any material, compound, mixture, or preparation containing GBL.
Exceptions For Commercial Applications
Despite the stern restrictions, there are exceptions for those using GBL in a commercial capacity. If the substance is used as an ingredient in a legal product, used during the manufacture of a legal product, or used legally as a solvent, then its possession, delivery, and manufacture are allowed, provided it’s not intended for human consumption.
If someone accused of violating the prohibition can prove that they were using GBL in line with this commercial exception, they can use this as an “affirmative defense”—an effective way to counter a charge.
Penalties For Violations
Violations of these laws are serious business. For those found guilty of delivering, manufacturing, or possessing GBL with the intent to manufacture or deliver, they can face a felony charge. This can result in imprisonment for up to 7 years, a fine of up to $5,000, or both.
Even simple possession of GBL, or any mixture containing it, can lead to a felony charge. This can result in imprisonment for up to 2 years, a fine of up to $2,000, or both.
Terms Defined In The Public Health Code
To aid understanding, the legislation also provides clear definitions for important terms. ‘Deliver’ encompasses any form of transfer of GBL from one person to another, whether the transfer is attempted, constructive, or actual. ‘Manufacture’ includes any form of production, preparation, propagation, compounding, conversion, or processing of GBL, even the packaging, repackaging, labeling, or relabeling of it.
In this context, the term ‘person’ refers not just to individual human beings but can also encompass a governmental entity.
In essence, this statute from the Public Health Code paints a clear picture: the manufacture, delivery, and possession of gamma-butyrolactone is highly regulated. Misuse, particularly with the intent to manufacture or deliver, can lead to serious legal consequences. However, it also acknowledges the legitimate, non-consumable commercial uses of the substance. By being aware of these provisions and their implications, people can better navigate the legal landscape surrounding this particular substance.
Schedule 4 Drugs Including Benzos, Rophypnol (Roofies) And Valium
Understanding drug possession laws can seem like a daunting task due to their complexity. However, here’s a brief explanation of Section 7403, which deals with the possession of controlled substances, including Schedule 4 drugs.
The Law: Possession Of Controlled Substances
Essentially, this law says that it’s illegal to knowingly or intentionally possess any controlled substance, a substance similar to a controlled one, or a prescription form, unless you have obtained it directly or pursuant to a valid prescription from a healthcare professional, or it’s authorized in another way by this law.
Michigan Date Rape Penalties: Varied Based On The Substance And Amount
The penalties for breaking this law depend on the type and amount of the substance involved.
- Having Schedule 1 or 2 narcotics, or certain drugs, in an amount of 1000 grams or more could result in life imprisonment, a fine of up to $1 million, or both. The penalties scale down with lesser amounts, but even possession of less than 25 grams can lead to up to 4 years imprisonment or a fine of up to $25,000, or both.
- For substances mentioned in specific sections or Schedule 1, 2, 3, or 4 substances (not already covered), the penalty can be up to 10 years imprisonment, a fine of up to $15,000, or both. Some substances could even lead to up to 2 years imprisonment or a fine of up to $2,000, or both.
- Certain substances like LSD, peyote, mescaline, DMT, psilocyn, psilocybin, and Schedule 5 drugs could lead to up to 1 year imprisonment or a fine of up to $2,000, or both.
- Possessing marijuana or substances listed in section 7212(1)(d) can result in up to 1 year imprisonment, a fine of up to $2,000, or both.
- If you possess a prescription form illegally, you can get up to 1 year imprisonment, a fine of up to $1,000, or both.
Exemptions: Seeking Medical Assistance
Interestingly, this law has some exemptions. If someone seeks medical assistance due to a drug overdose or other emergency resulting from the use of a controlled substance they possessed for personal use, they will not be in violation of this law. This also applies to a person who, in good faith, attempts to procure medical assistance for someone else in such a situation. However, these exemptions do not prevent the individual from being investigated or prosecuted for other violations of the state laws.
Health Facilities: Role And Responsibilities
Health facilities are required to develop a process to notify the parent, guardian, or custodian of a minor who voluntarily seeks emergency treatment or is presented for emergency treatment due to drug use. However, they cannot provide notification for non-emergency treatment without the minor’s consent.
Resentencing: Options For Those On Lifetime Probation
Finally, the law provides provisions for resentencing. If a person was sentenced to lifetime probation under specific conditions and has served 5 or more years of that probation, they could potentially be recommended for discharge from probation. If their probation officer doesn’t recommend discharge, they can petition the court for resentencing.
Delivery Of Controlled Substance Statute
Section 7401a of the Public Health Code deals with the delivery of controlled substances, particularly in scenarios that may lead to certain violations, which includes potential instances of date rape.
Non-Consensual Delivery Of Controlled Substances
If someone, without the consent of another person, provides a controlled substance (like drugs) or causes that substance to be delivered to the other person, with the intent to commit, or even attempt to commit certain crimes against that person, they can be found guilty. The crimes include those listed in sections 520b, 520c, 520d, 520e, and 520g of the Michigan penal code. This could involve serious offenses such as sexual assault or rape.
Potential Punishment
If found guilty of such an offense, the person can face felony charges, which can result in imprisonment for up to 20 years.
Separate Convictions
Being found guilty and sentenced under this law doesn’t prevent further convictions or sentences for any other crimes that might have happened in the same instance. For example, if the person is also charged with sexual assault in addition to the delivery of controlled substances, they could be convicted and sentenced for both crimes separately.
Conviction Irrespective Of Violation Conviction
Lastly, it’s important to note that a person can be convicted under this statute even if they are not convicted of violations of Michigan law. This means, even if the planned crime did not occur or if the person was not found guilty of the planned crime, they can still be convicted for delivering the controlled substance without consent.
Date Rape As A First-Degree Criminal Sexual Conduct (CSC-I) Charge
Suppose a scenario where an individual colludes with a friend to distract another person, during which a date rape drug is secretly introduced into their drink. If sexual penetration follows this, the individual could face a CSC-I charge. According to the Michigan Penal Code, MCL 750.520b, the conditions for a CSC-1 charge are met if someone assists the actor in committing the crime, knowing the victim is incapacitated. An individual is deemed mentally incapacitated if they are temporarily unable to understand or control their actions because of a narcotic, anesthetic, or another substance given without their consent. A conviction of CSC-I is considered a felony punishable by up to a life sentence.
Even in the absence of drugs, the accused may still be charged with criminal sexual conduct of the second, third, or fourth degree. The scenario described illustrates that the gravest and most severe charge, CSC-I, can be associated with date rape cases. However, the exact level of criminal sexual conduct one might be charged with varies based on several considerations.
Date Rape Attorney
Facing charges of date rape in Michigan can be an overwhelming and distressing experience, but you don’t have to navigate a sex crimes legal battle alone. Our team of experienced criminal defense lawyers at George Law is here to provide you with the support and guidance you need. Our sex crimes attorneys understand the seriousness of these allegations and are dedicated to protecting your rights and crafting a strong sex crimes defense on your behalf.
If you or someone you know is facing date rape charges in Michigan, don’t delay seeking legal counsel from a criminal defense attorney with a record of success. Contact George Law today at (248) 247-7459 or online to schedule a confidential consultation with our date rape lawyers team. Let our skilled attorneys fight for your rights and strive for a favorable outcome in this challenging time.