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2nd degree vs. 3rd degree sexual assault

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FussyFooey

Junior Member
What is the name of your state (only U.S. law)? WV.
My dad plead guilty of sexual assault in the 2nd degree without realizing his crime fit into sexual assault in the 3rd degree which carries a lesser (and more appropriate) sentence. His lawyer was ineffective and did not let us explore his options or bargain with a plea. Could he file for clemency to renegotiate and get a more appropriate sentence?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? WV.
My dad plead guilty of sexual assault in the 2nd degree without realizing his crime fit into sexual assault in the 3rd degree which carries a lesser (and more appropriate) sentence. His lawyer was ineffective and did not let us explore his options or bargain with a plea. Could he file for clemency to renegotiate and get a more appropriate sentence?
Nope. He is a child molestor and will be forced to register for life when or if he is released. Quite frankly you are in major denial and need help. Your father ADMITTED to raping this child. End of story. If you pursue this and admit that you knew it happened you will lose your job and never be able to teach again. So I encourage you to go public.
 

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