Assault Appeals: When Should You Consider Filing an Appeal

Assault Appeals: When Should You Consider Filing an Appeal

Assault charges can result in serious consequences. Even if your sentence does not require extended jail time, an assault conviction can remain on your record and may come with large fines and fees. Whether a misdemeanor or felony charge, it could impact your employment and housing options, as well as other areas of your life. […]

David Lewarchik Mar 02, 2017

Assault AppealsAssault charges can result in serious consequences. Even if your sentence does not require extended jail time, an assault conviction can remain on your record and may come with large fines and fees. Whether a misdemeanor or felony charge, it could impact your employment and housing options, as well as other areas of your life. If you were convicted of assault, you need representation from an experienced criminal appeal lawyer like David Lewarchik. He has helped countless clients pursue their assault appeals, and he can do the same for you. Contact our Chicago, IL practice for a case evaluation.

Common Reasons to Appeal an Assault Conviction

1. New Evidence

If new evidence or witnesses come to light after you are convicted of assault, you can appeal to present this new evidence. Of course, there are limitations on the presentation of new evidence, so you need a skilled attorney to help you understand when and where you can use this evidence.

2. Improper Admission of Evidence

Not all evidence is admissible in court. If the court admitted evidence that should not have been used, you may be able to appeal your case and get a new trial based on this error. The inadmissible evidence cannot be used against you in the new trial.  

3. Violation of Rights

A criminal appeals lawyer like Mr. Lewarchik will carefully review all aspects of your case to determine if there was any violation of your constitutional rights throughout the process. These violations may occur at the time of the arrest or during trial.

4. Appeal a Sentence

If you take a plea deal from the prosecution, you generally give up all rights to appeal your case. However, you may have the opportunity to appeal the sentence you receive, provided you did not give up that right in the deal. These types of appeals are even more complex, so you should seek expert legal counsel.

5. Ineffective Assistance of Counsel

The Sixth Amendment states that all defendants have a right to a fair trial and adequate and competent representation. If your original attorney failed to provide you with adequate legal representation, you may be able to appeal on this basis. This is often difficult, as you must prove that your lawyer’s conduct was detrimental to the outcome of your case. If you choose this route, you need a skilled attorney on your side that can examine your original lawyers actions.

Consult with an Assault Appeals Lawyer Today

There are many more reasons to appeal an assault conviction. If you believe you were wrongly convicted of assault, contact Lewarchik Law, PLLC in Chicago, IL. Mr. Lewarchik can discuss your case with you in detail and thoroughly evaluate every aspect to find an appropriate reason to appeal your assault conviction. He is an experienced criminal appeal lawyer who can craft compelling arguments to get you the appeal you deserve. There are limits to the amount of time you have to file an appeal, so don’t wait to set up your free consultation.

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Criminal Law, Appeals

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