Proving My Innocence

Judges have discretion when determining how to sentence a defendant. However, there are some cases where a judge might issue sentencing that is considered to be unreasonable and you may be able to have your sentencing overturned by a higher court.

Factors That Determine a Sentencing

Aggravating and mitigating circumstances can be factors when determining the sentencing that a defendant can receive. For example, being a first-time offender can be a mitigating circumstance, and being a repeat offender can be an aggravating circumstance. Also, the defendant will need an opportunity to defend themselves, and you will need to be allowed to have an attorney speak on your behalf. If this doesn't happen, you may be able to have your sentencing appealed.

However, a judge might apply these factors incorrectly, a criminal appeals attorney may be able to help you reduce or dismiss your charges. For example, you may be able to have your felony reduced to a misdemeanor. 

The Facts of the Case

The sentencing might be based on factual errors or errors made during the trial. The majority of errors that are made are considered to be harmless. However, there are some circumstances where the errors will be grounds for appeal.

Typically, when the facts of the case do not support the sentencing, the sentencing will be considered to be harmful because it is too severe and it may be based on a legal theory that the jury did not consider to be true beyond a reasonable doubt.

Deviation From the Normal Sentencing in Similar Cases

The sentencing should be similar to the sentencing of defendants in similar cases. If a judge appears to have thrown the book at you, an appeals attorney may be able to help you file a successful appeal and your sentencing might be reduced to the more typical sentencing that you would expect to receive.

Make Sure Your Paperwork Is Filed on Time

The appellate court will provide you with a window of time in which you can file your appeal. You will often only be given about a month to file your appeal. Each party will need to file briefs before they will present their oral arguments to the court for why they should be allowed to appeal the court decision. If you do not file within the statute of limitations, your appeal will be rejected by the court. However, if you appeal your case, you may be able to reduce your fines and jail sentence.

For more information, contact a criminal appeals attorney in your area, such as Elizabeth Franklin-Best, P.C.