How long can you be sentenced for attempted burglary and how do you go about appealing it

Asked about 4 years ago - Decatur, GA

my boyfriend was sentenced to 10yrs on an attempted burglary charge. i no people who have had the crime of actual burglary and only gotten 2 years. he took it to trial and lost. they really didn't have any evidence to my knowledge. the judge tried to make it seems like he was a monster and also a threat to society. i just wanted to no how can we get him a lesser sentence can someone please help me

Attorney answers (3)

  1. Johnny Ramirez Castaneda

    Contributor Level 13

    Answered . Depending on how much time has passed, the Defendant's Attorney could make a motion to "reconsider the sentence". As for appealing the case, in GA the defendant has 30 days to file his appeal motions.

    PLEASE NOTE: THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes on a general website comment page only. Actual legal advice from this office can only be provided after consultation directly with an attorney from our office. Answering this question does not create an attorney-client relationship or otherwise require further consultation

  2. Mark Allen Yurachek

    Contributor Level 13

    Answered . This response is given for informational purposes only.

    Judges do enjoy a pretty wide berth as far as sentencing goes. However, if your boyfriend took his case to trial, but lost, there may be errors which occurred during the trial which could afford him the opportunity to get the case back down to the trial court under more favorable circumstances. This would, as you have suggested in your question, require him to appeal the case and my previous colleague is correct, generally a defendant has 30 days either to submit a notice of appeal or submit a motion for new trial, which will toll the time in which he can file a notice of appeal. There are even options beyond these in certain circumstances, but whether they would be available to your boyfriend - or would even be necessary - in this situation is unclear from the information you have provided.

    Given the details you have provided, the smart move would be for him to consult an attorney as soon as possible to get more details and then lay out any and all options available to him, but from what you have said, he is not out of moves yet, but always remember the clock is ticking, rapidly, so do not delay in moving forward.

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . The judge can set the appropriate sentence. What others got has no bearing.

    An appeal for "too long a sentence" will have little chance of success if based on that argument.

    The criminal lawyer that defended the case will have a better chance of saying the liklihood of success on any appeal. But....from what you posted ("didn't have any evidence to my knowledge") his appeal will need a lot more to go on.

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