Whether your assault conviction is a misdemeanor or third-degree felony because the prosecutor says you used a deadly weapon during its commission, your battle does not have to end on Orange Avenue with a jury ruling in trial court. If you hear the judge tell you after sentencing that you have 30 days to appeal the judgment and sentence, you can take advantage in certain situations.
An experienced assault attorney with The Umansky Law Firm can analyze your case to find any legal errors during the trial process, pre-trial proceedings, and sentencing. While some errors are inconsequential to your outcome, some are terrible violations of your right to due process, and without them, the verdict would be in your favor. If you are considering appealing an assault conviction in Orlando, you need an attorney who routinely wins them.
Our local appeals attorneys can help you with many scenarios. Although the following errors may or may not apply to your case, they give you an idea of errors that commonly lead to appellate review.
After an assault conviction, an Orlando appellate attorney can help you understand the issues that make appealing it your best way forward. If the conviction stands, you lose your freedom, but also friends who are leery of associating with a felon, your ability to take out a bank loan, get a good job, or rent a suitable home, compete for college scholarships, own a firearm, vote, and serve on a jury.
Your attorney must file a Notice of Appeal with the trial court within 30 days of your sentencing. Generally within 60 days after filing the Notice, the Orange County Clerk of Courts will gather all transcripts of your trial, official pleadings, and sentencing information as the Record of your case. Only matters included in the Record can be appealed. Our attorneys scrutinize the Record to ensure all pertinent documents and transcripts are included, and if they are not, we request that the Clerk supplement the Record and include them.
By studying the Record, your assault appeals attorney drafts the Initial Brief that speaks to the issues being contested and the errors made. The Attorney General responds with an Answer Brief, which is limited to the issues raised in the Initial Brief if a cross-appeal is not filed. Your final written say is the Reply Brief, also limited to issues the Attorney General raises.
Either party can file to present an Oral Argument to the three-judge panel with the District Court of Appeals. However, the request must be submitted prior to filing the last brief. Generally, the in-person appearance is to answer the judges’ questions. You can see that appealing a guilty assault verdict in Orlando is complex and requires a competent attorney’s unique knowledge.
You might be convicted of aggravated assault because the prosecutor says you discharged a firearm during an altercation, but no evidence of self-defense is admitted, and the judge sentences you under Florida’s 10-20-Life Rule to life in prison. This might even be done in error because the person was not killed. Ensuring that every stage of a trial is fair to you is a cornerstone of American justice.
Our mission at The Umansky Law Firm is to defend your rights and seek the best outcome possible in which your due process rights are protected. Because everyone associated with your trial is human, and humans make errors, we are the watchdogs who correct them. If you are thinking about appealing an assault conviction in Orlando, contact us now for a personal assessment of your case.
The Umansky Law Firm Criminal Defense & Injury Attorneys
