My husband was currently sentenced to 20yrs in prison. There was three counts against him for sexual assault. He received 10yrs probation for the first count, 7 years for the 2nd count and 13 yrs for the third count. He believes he was wrongly charged for the 3rd count b/c it was just dry humping he did and no physical/bodily contact. His attorney never did anything about it. Can his sentence be lessened if he appeals this charge?
1 Answer from Attorneys
This is too complicated for anyone to answer here. Someone would have to review the relationship between the charges and the cases, etc. He needs to talk with an appellate lawyer about what could happen. (If he went to trial, he may be able to appeal. If he pled guilty, not as likely.) Hire a local appellate lawyer to visit with him about his options. He must file notice of appeal within 30 days of his sentencing.
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