A New Albany-based attorney will spend no more than four months in prison for the sexual battery of a 16-year-old girl, but his career remains uncertain after pleading to a felony.
Anthony J. Wallingford pled guilty to class D felony sexual battery in Harrison County’s Superior Court Aug. 8. As part of the agreement, jail time cannot exceed 120 days in the Harrison County Jail. The judge may also require probation, and he will have to register as a sex offender.
A class B felony criminal deviate conduct charge was dropped.
In April 2007, Wallingford allegedly put his hand over the mouth of a 16-year-old girl and climbed on top of her at an acquaintance’s home in Elizabeth.
He reportedly lifted her shirt and touched her breasts and then put his hand inside her pants and underwear. The girl was able to escape and screamed until her father came and confronted Wallingford. Wallingford’s DNA was found inside the girl’s bra, according to the affidavit.
Donald R. Lundberg, executive secretary of the Indiana Supreme Court Disciplinary Commission, said Wallingford and the judge hearing his case will have 10 days to report the conviction to them. The commission will likely request the Supreme Court suspend Wallingford’s license to practice.
“The Supreme Court normally but not universally will grant a suspension on a temporary basis,” Lundberg said.
After serving his sentence, Wallingford will reserve the right to request his conviction be lowered to a class A misdemeanor as part of the plea deal. Lundberg said the Supreme Court generally looks at the category of the offense rather than the level when deciding whether to revoke his license.
Wallingford has been out on $24,000 cash bond since his arrest Nov. 13. He has an office at 430 W. First St. in New Albany and another one in Marengo.
A reporter for the Evening News and Tribune was told to leave the New Albany building after asking Wallingford if he would be willing to comment on the case. Wallingford’s attorney, James Voyles, did not return a message seeking comment.
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