Appealing A Criminal Conviction Or Harsh Sentence
If you believe you were unfairly convicted or overly punished, you may have legal remedies. But overturning a criminal conviction or sentence is complex and difficult. You will need an attorney with specific experience in criminal appeals.
Doar Rieck Kaley & Mack provides sophisticated representation in New York for criminal appeals and post-conviction relief. Our lawyers have been successful in both federal and state appellate proceedings.
Appeals are time-sensitive. In some cases, you must file within a matter of days to preserve your rights. Call our Manhattan office today at 646-396-5439 to discuss your possible grounds for appeal.
Understanding Criminal Appeals
There is no automatic right to appeal just because the outcome was unfavorable. You must show that you were deprived of a fair trial or that the sentence was unreasonable. Grounds for appeal might include:
- Legal error or abuse of discretion by the trial court judge
- Prosecutor misconduct
- Jury tampering
- Ineffective assistance of counsel
- Insufficient weight of evidence for conviction
- Unjustified departure from sentencing guidelines
An appeal is not a new trial. It is a review of the trial record. The appellate court considers only the trial transcript and the evidence available at the time. The court can overturn a conviction, order a new trial or send the case back to the lower court to reconsider sentencing.
Experienced Trial Lawyers Handling Your Appeal
Our criminal law attorneys are accomplished defense lawyers and former prosecutors with decades of experience in criminal trial work. We routinely raise objections at trial to “bookmark” those issues for possible appeal in the event of a conviction. Our experience enables us to examine your case to identify viable grounds for appeal and gauge the likelihood of prevailing on appeal. We prepare compelling written briefs and follow up in oral arguments to make the case for reversing the lower court.
We have successfully appealed criminal convictions and sentences before the New York Supreme Court Appellate Division and the New York Court of Appeals. In federal cases, we have also argued before the 2nd U.S. Circuit Court of Appeals. Our firm will exhaust all appeals and post-conviction relief, including habeas corpus and other writs that may apply. We have appealed in white collar crime cases as well as convictions for violent crimes and drug crimes.