What are the Common Grounds Which
Can be Used for Appealing a Sentence?
Taking assistance of a appeal lawyer will become necessary if you are planning to appeal the court sentence. The reason is that an experienced lawyer will have needed competency to understand all relevant aspects of your case and will be able to take required steps to get the verdict changed. As such, our aim here will be to examine some situations where it would be possible to put up an appeal.
Grounds for Appeal
If you and your appeal lawyer consider verdict imposed by court as harsh then in such situation responsibility of proving the same will be upon you. You will have to submit documents in court that help in highlighting any of the undermentioned facts:
- It is an excessive sentence for the offense when your background and nature of offenses is taken into consideration.
- It is considered as an illegal sentence.
- It is an unreasonable sentence due to errors occurring in use of sentencing principles.
Task for appeal lawyer here will be to provide documents related to any of the three conditions that can work as valid grounds for making an appeal. Let us now go through each of the above conditions in further detail.
Excessive sentence can be proved by highlighting the fact that sentence given is more than average length of sentence generally given for specific offense you have committed. To prove this fact it will be necessary for lawyer to find earlier cases where:
- Accused person's background is very much like yours.
- Circumstances in earlier cases match those of your case.
- After the appeal, court gave its consent to reduce the sentence.
A sentence will be considered illegal if it is not adhering to penalties described in the criminal code. Appeal lawyer will be able to prove that it is a illegal sentence by highlighting legislation that clearly illustrates the fact that the verdict is not conforming to present laws. Certain circumstances will make the sentence illegal, let us look at these circumstances here.
- A person gets a verdict wherein he has to serve imprisonment of two years which will be followed by probation of certain time period. Sentence of this type will be illegal since imprisonment having associated probation must be of less than two years.
- Likewise, if someone gets probation period that is higher than three years then also the sentence will be considered illegal.
Error in Principle
It is necessary for judges to consider various sentencing principles at the time of giving any verdict. Let us look at what these sentencing principles are:
- Principles related to facilitating rehabilitation of offender.
- Principles that are used for deterring a offender.
- Rules and principles that help to amend harm victims or community had to face.
- Prevent any type of unlawful conduct.
- Principles which help in providing protection to common public.
Appeal court will consider modification of your sentence in case higher emphasis has been laid by judge on any of these principles or in case these principles have been ignored.
Thus, it is quite clear that modification of sentence is certainly possible but for that you will have to take help of an experienced appeal lawyer to ensure all relevant details are taken into consideration before an appeal is made.