San Bernardino Criminal Appeals Lawyers

Appealing a Sentence of Conviction

Criminal appeals don't have to be based on the conviction itself. Some are based on the defendant's sentence -- the prison time or other punishment handed down by the court. It's perfectly possible for a defendant to get a fair trial followed by an unfair sentence. In other cases, defendants can find flaws in their sentences, but not their trials themselves. In fact, you may have better luck with an appeal of a sentence than you would appealing the conviction itself, because many judges dislike laws that force them to sentence defendants in a way that doesn't fit the crime. Of course, it's also possible to appeal both a sentence and a conviction.

Appealing a sentence won't erase your conviction altogether, because it focuses on the punishment, not the crime. But appealing your sentence could result in less prison time, probation instead of prison or other changes that make a big difference for defendants and the people who care about them. In California, a change from prison to jail or probation allows you to expunge your record later. This can make a big difference for defendants who want to minimize the damage a criminal record can do to their future job prospects and other opportunities.

As with other appeals, you must be able to show a good reason why you think your sentence is unfair and should be changed. Most sentences are appealed because the defendant believes the sentence is too harsh for the crime. More specifically, grounds for appeal could be:

• The sentence is outside the legal guidelines for sentencing this type of crime.
• The facts show that the defendant deserves a lighter sentence.
• The sentence was based on incorrect information, or information that should not have been considered.
• A lawyer or judge made a mistake in calculating the sentence.
• The circumstances created "double jeopardy" -- being tried twice for the same crime.
• A prosecutor violated a plea bargain.
• The sentence is so harsh that it meets the definition of "cruel and unusual punishment" prohibited by the United States Constitution.

The process of appealing a sentence is the same as the process for appealing a conviction. You'll need to file a notice of appeal quickly- within 60 calendar days of the sentencing date. That's why you should call Wallin & Klarich as soon as you know you'd like to file an appeal. Our Orange County appellate attorneys have practiced criminal law in California since 1977, so we understand the law -- and we understand how flexible the sentencing system can be. We have more than three decades of experience with the law and the judges that will hear your case. We will put that knowledge and expertise to work for you from the very first day we represent you.

At Wallin & Klarich, we approach each of our cases knowing that we could easily be defending one of our own family members. We know criminal cases -- especially criminal appeals -- are a tense and uncertain time for our clients. That's why we're committed to providing prompt, polite and thorough answers to our clients. You can reach us online or on the phone at any time -- 24 hours a day, seven days a week and every day of the year. We maintain more than 20 offices throughout Southern California, so we can be where you need us most. And because we know people from all income levels can get into legal trouble, we offer free consultations to potential clients.

To schedule your own free case evaluation with Wallin & Klarich, call us today at 1-888-289-6915, or fill out our free online consultation form.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you would like to appeal a sentence of conviction in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-289-6915 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.