If a person is found guilty of an assult b felony can they appeal or can some one appel for them

Asked over 1 year ago - Staten Island, NY

there was a fight at the staten island ferry terminal 2 people were involved both guys beat the man up very bad one guy robbed the victim but he got away this person is doing 12 yrs while the other guy is long gone what i want to know is there any waythat this person can appeal this

Attorney answers (5)

  1. Joseph A Lo Piccolo

    Contributor Level 20

    3

    Lawyers agree

    Answered . His current lawyer should be asked about this. A plea to 12 years may waive the right to appeal. A trial verdict and sentence of 12 years can and should be appealed.

    -
    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . A defendant appeals a conviction after sentencing. If the defendant is indigent he or she must apply to the Appellate Division for a public defender to handle the appeal. If the defendant is not indigent then he or she has to hire a lawyer for the appeal.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. John J. Carney

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . His lawyer will automatically appeal if he wants him to unless he waived the appeal to get a reduced plea. Legal Aid will handle the appeal if they handled the case but appeals rarely change anything, especially the sentence.

  4. Ronald Steven Nir

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Every person has the right to file an appeal. You do not indicate if this is an appeal from a plea or a trial and there is a difference. In addition his lawyer at the trial level would have had to file a notice of appeal. Good luck.

  5. William A. Jones Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . I assume that you are referring to the one who was convicted and sentenced to 12 years. Anyone convicted of a criminal offense has the right to appeal. The procedures vary from state to state, and as I'm not licensed in NY I can not give you specific details on the procedures in your state, however, in my experience the sentencing court always advises a defendant of their appeal rights whether they were convicted after a trial or pursuant to a guilty plea. Additionally the defendant's attorney should have explained his rights to appeal. There are strict time limitations imposed on the exercise of post-conviction rights, so the defendant should be talking with his attorney without delay.

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