The two kinds of appeal
Most criminal appeals fall into one of two types — you can challenge the conviction, the sentence, or both.
Conviction appeal
Challenging the finding of guilt itself. You might appeal if:
- There was a miscarriage of justice
- Evidence was wrongly admitted or excluded
- The trial was unfair or legally flawed
- The verdict was unreasonable
Sentence appeal
Challenging how heavy the sentence is. You might appeal if:
- It was too harsh or excessive
- The court overlooked mitigating factors
- There was an error in applying the law
It's not only one-way: the prosecution can also appeal a sentence it believes was too lenient.
Where an appeal goes
An appeal is heard by a court above the one that made the decision. It climbs a ladder:
Appeals are strictly time-limited — usually 21 to 28 days. Extensions are only granted in exceptional circumstances, and missing the deadline can mean losing your right to appeal altogether.
How an appeal runs
- Notice of Appeal — a formal document is filed, setting out the grounds.
- Transcripts & evidence — the court compiles the trial record, including transcripts and exhibits.
- Legal submissions — both sides put written arguments, sometimes with case law or new evidence.
- Appeal hearing — heard before a panel of judges; you may not need to attend unless required.
- Decision — the court decides what happens next.
- Dismiss the appeal
- Quash the conviction
- Order a retrial
- Reduce or vary the sentence
Grounds for appeal
To succeed, you generally have to show a legal or procedural error — not just that you're unhappy with the result. Common grounds include:
- An error of law or fact
- Improper instructions to the jury
- An unreasonable verdict
- Fresh evidence not available at trial
- A breach of procedural fairness
Fresh evidence can be brought in only in limited situations — where it couldn't have been found with reasonable diligence at trial, and it's credible, relevant, and likely to change the outcome.
Appeal laws where you are
The governing law and the appeal courts differ by state. Pick yours for a snapshot.
Parts of the system
This is general information, not legal advice. Appeal rights, deadlines and procedures vary by state, and the window to act is short. If you're thinking about an appeal, speak with a criminal lawyer or your state's Legal Aid service as soon as possible.
