Can I Appeal My Sentence?

Judges issue a sentence at the end of a criminal case if the criminal defendant is found guilty or pleads guilty. The sentence is the punishment for a criminal offense. If the defendant disagrees with the finding or thinks the sentence was too harsh, they can file an appeal.

You have the right to file an appeal of your sentence, but an appeal is not automatic. There may be a limited amount of time to file a notice of appeal or appeal a criminal sentence. If you have questions about an appeal, contact an experienced criminal defense lawyer for help.

When You Can Appeal Your Sentence

In most cases, you can file an appeal of your sentence following a criminal conviction. You must have grounds to file the criminal appeal, and you must not be barred by time restrictions. The court may grant an appeal based on good cause. There are several grounds for appeal, including:

• Abuse of discretion
• Clerical error
• The judge made a legal error
• Jury misconduct
• Sentencing error
• Ineffective assistance of counsel

An appeal is a legal process to have a court decision reviewed or reversed because of an error or change in circumstances. Any criminal defendant can file an appeal to have the decision reversed or be resentenced. Generally, a court of appeals will only look at the decision made by the court and determine whether there was an error in your sentence. That is one of the primary reasons a court reporter transcribes everything said in a criminal trial.

The appellate court’s standards of review are generally limited to:

• Abuse of discretion: If the appeal involves a ruling that is arbitrary or made in plain error.
• Substantial evidence: If the appeal argues that the court’s decision was not supported by substantial evidence, e.g. rational jurors would have found reasonable doubt.
• De Novo: If the appeal involves a question of law or legal interpretation.

An error by the sentencing judge is not automatically grounds to file an appeal. The error must also have caused you substantial harm. Prejudicial errors are those that affect the outcome or sentencing.

If the appellate court agrees with you, they may be able to reverse the decision or send it back to the lower court for you to be re-sentenced based on the appellate court’s instructions. The court of appeals is generally a final determination of the issue.

The only option after the court of appeals is to file a petition to have the case heard by your state’s Supreme Court, which is generally only granted for critical legal issues or where there is a split in the lower courts. Unlike courts of appeal, the highest court for a jurisdiction is typically not required to take up any particular appeal.

Time Limit To File an Appeal

There is a limited amount of time to appeal the trial court’s decision. If you wait too long to file an appeal, it may be too late to challenge the sentence. The deadlines to appeal vary by state. In most states, the deadline is 30 days, but some states may provide more time to file an appeal. In federal court, defendants only have 14 days to file a notice of appeal. Talk to your criminal defense lawyer to make sure you file the notice of appeal in time.

You may only file an appeal after the time limit if there is new evidence.

Sentencing Errors

Judges may have some discretion when it comes to sentencing. However, most judges are supposed to follow state-issued guidelines to provide fair sentencing based on your case. If the judge goes outside the sentencing guidelines or makes a mistake in classifying you, you may have grounds for a sentence appeal. After you file a motion for resentencing, the court can deny the motion or grant the motion. If the court grants the motion for resentencing, the judge can:

• Change the sentence
• Revoke the sentence
• Modify the terms of sentencing
• Remand the case back to court for a new trial and a new decision

Appeal After a Plea Agreement

In a plea agreement, you must enter a guilty plea or a “no contest” plea in exchange for a sentencing deal with the prosecutor. Generally, once you plead guilty, you can’t take it back. However, you can appeal if the judge did not accept the sentence or there was an error with the agreement. If you were misled by the prosecutor or forced to accept the plea, you may be able to withdraw the plea. But again, time is tight to appeal.

If you are facing criminal charges, contact an experienced criminal defense attorney to defend you. If you have already been sentenced and believe a flaw in your case warrants an appeal, contact an appeals attorney to assess your case and if warranted, begin the appeals process.