TROY – A 62-year-old man who faced up to life in prison if convicted of sexually assaulting a child instead will be sentenced to the three days he spent in jail when he was arrested and five years of probation under a plea deal reached in Rensselaer County Court on Friday afternoon.

William A. Cavanaugh Sr. pleaded guilty to attempted second-degree assault after a mistrial was declared in September when he faced seven felony and three misdemeanor counts, charged with continuing sexual abuse of two young girls.

"They (prosecutors) were ordered by the court not to bring up certain uncharged allegations of wrongdoing. In the course of the trial, they brought up a series of things they were ordered not to do," said Lee Kindlon, the attorney representing Cavanaugh.

Cavanaugh faced a minimum sentence of 10 years to life in prison and a maximum of 25 years to life if he had been convicted of the top count in the indictment, predatory sexual assault against a child.

"On balance, given the indictment and the time he was facing, I would consider this a win for the defense," Kindlon said.

District Attorney Joel E. Abelove through a spokesman declined to comment on the case.

Cavanaugh admitted in his guilty plea to the nonviolent felony that in Troy during the 30 days before July 4, 2008 he rubbed a 6-year-old girl on her intimate parts.

The indictment charged Cavanaugh with two counts of predatory sexual assault against a child, two counts of course of sexual conduct against a child, second degree-criminal sexual act, attempted second-degree rape and attempted third-degree sexual abuse. The misdemeanor charges included second-degree sexual abuse and two counts of endangering the welfare of a child.

The indictment alleged Cavanaugh sexually assaulted one girl in 2008 and in 2011 when she was 6 years old and again when she was 9 years old and also sexually attacked the other girl in 2013 and 2014 when she was 9 and 10 years old.

“The plea today was in his best interests. He does not have to register as a sex offender. He gets five years' probation,” Kindlon said.

Cavanaugh will serve his probation under the guidelines for a sex offender, but he will not be listed on the state sex offender registry. The time served is for the three days he spent in the county jail over Easter weekend this year after he was arrested on a warrant resulting from his indictment.

First Assistant District Attorney Jessica Hall said the plea agreement was in the best interests of justice.

The indictment will be dismissed on Jan. 11, 2019 when County Judge Debra Young sentences Cavanaugh.

Young sternly warned Cavanaugh that she would be prepared to sentence him to up to four years in prison if he was arrested before his sentencing; if he did not comply with the probation department in the presentencing investigation; or if he did not appear for sentencing. The judge advised him she would not be bound by the plea agreement if he any of these things occurred and that she would hold him to the guilty plea.

Cavanaugh was on trial before Young in September when Hall in her questioning of a witness raised certain allegations that did not result in a grand jury indictment.

“We moved for a mistrial. The district attorney actually consented to the mistrial because I think they realized their mistake. They went too far with one of their witnesses,” Kindlon said.

While Cavanaugh awaits sentencing and the dismissal of the indictment, his wife Diane Cavanaugh faces her own set of charges arising from the alleged crimes.

She was indicted on one felony and four misdemeanor charges. The felony count is second-degree criminal facilitation. The four misdemeanors are two counts of fourth-degree criminal facilitation and two counts of endangering the welfare of a child.

Diane Cavanaugh is represented by Assistant Public Defender Danielle Neroni Reilly.