Appeals are a vital part of our judicial system. They allow defendants the chance to right the wrongs of decisions that they feel might have been unfair for any number of reasons. In addition to appealing a decision or verdict, a defendant can also appeal the sentence they have been given, with the goal of lessening the penalties levied against them.
Appealing a sentence can be complicated. The process often requires investigating and determining the legality of the sentence, or the possibility of mistakes made by the judge who handed down the sentence. The statutes that apply to different crimes generally contain information about how long sentences can be. These statutes play a key role in the decisions of judges and the ability of a defendant to appeal their sentence.
Is the Sentence Lawful?
Since the statutes on a given crime dictate the length of the sentence that will be imposed, a criminal defense attorney will often look at the length of the sentence and compare it against the time referenced in the relevant statutes to make sure that it is legal. For example, if someone receives a sentence for a misdemeanor charge, and that sentence has components (such as jail time and probation) that add up to a period of time that is longer than the one year set forth in the statute, the attorney might launch an appeal because the sentence is not in keeping with the statute.
Does the Sentence Contain Errors?
Errors in sentencing might also give a defendant a reason to appeal. For example, if there were certain factors that the judge considered or didn’t considered, such as a previous charge against the defendant, this error might prompt an appeal of the sentence itself.
The Reasons Given by the Judge for the Sentence
Judges don’t always give details about their reasoning for a sentence, but if the judge does lay out their motivations, it might provide the defense with a reason to appeal a sentence. The more reasons that a judge gives for ordering a sentence, the more angles a defense attorney will have to look for errors, logical counterarguments or illegality in the sentencing.
Plea Bargains Often Limit Appeal Options
For defendants who agreed to a plea bargain, options might become more limited when it comes to the appeals process. Many plea deals specifically contain stipulations that limit a defendant’s ability to appeal, and these stipulations often apply to sentences, too. However, a criminal defense attorney will still examine the charges and the sentencing to make sure that the details of the plea bargain are met. If there are any inconsistencies, there might be cause for appeal.
A defendant does have several limitations when it comes to appealing a sentence, but they also have some options at their disposal if they know where to look and what to look for. Considering the fact that sentencing appeals are typically based on things that most of us would consider quite technical and mundane, it is best to consult an attorney who is experienced in the appeals process. The small details of the sentencing might just hold the answer to a successful sentencing appeal.