I was arrested for a felony assault stemming from a bar fight in 2010. In November 2012 I went on trial, and at the end of the second day, the victim testified that he had an injury 1mm deep, to which my lawyer objected that the charge did not fit the description of injury. The judge called a recess and asked to speak to the lawyers in chambers. There, the judge (not prosecution) offered my attorney a deal of a midemeanor assault charge. The prosecution was opposed to this plea deal. I accepted the plea deal and completed the sentence, however I am wondering if I can now appeal this decision as this is not typically the way it is done?
No. If you did not give notice of appeal within 10 days of your conviction, you cannot appeal. That time has long since passed.
You might have some success with a procedure called a Motion for Appropriate Relief, which is a request to reopen and change the outcome of an old case. I would strongly recommend that you speak with a lawyer who is local to the county where you were convicted and experienced in Motions for Appropriate Relief. They are kind of a niche area and you will want to speak with someone who has handled a few of them.
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