An appeal is asking a higher court to review what happened at trial and fix legal mistakes that hurt your case. It is not a do-over and not a new trial — appellate judges look at the existing record to decide whether the law was applied correctly. If they find serious errors, they can reverse the conviction, order a new trial, or change the sentence.
How Appeals Work in California
In California, criminal appeals are governed by Penal Code §§ 1235 through 1265 and the California Rules of Court. After a misdemeanor conviction, the defendant has 30 days from the judgment to file a notice of appeal under Rule 8.853; after a felony conviction, the deadline is 60 days under Rule 8.308. Missing these deadlines can permanently end the right to appeal, which is why immediate post-conviction action is critical.
Misdemeanor appeals go to the Appellate Division of the Superior Court, while felony appeals go to the California Court of Appeal. The appellate court reviews the trial record for issues like improper jury instructions, evidentiary errors, ineffective assistance of counsel, prosecutorial misconduct, and unconstitutional sentencing. If the appeal succeeds, remedies include reversal, remand for resentencing, or — in some cases — outright dismissal.
Why an Appeal Matters to Your Defense
A trial result is not necessarily the final word. Many California convictions have been reversed because of legal errors that were preserved properly during trial — and many more were lost on appeal because objections were not made or issues were not raised. Appellate work requires careful record review, sharp legal writing, and deep knowledge of California criminal procedure.
Even when a conviction is upheld, a sentencing appeal can substantially reduce time. Recent California legislation has changed the law around enhancements, prior strikes, and felony murder, and many defendants now qualify for resentencing based on those changes — issues that experienced criminal defense appellate counsel can identify and pursue.
Related Legal Terms
Criminal appeals connect to habeas corpus petitions, the meaning of a verdict and sentence, and post-conviction remedies like expungement. They are central to our criminal defense and federal defense work for clients seeking to challenge convictions throughout Greater Los Angeles.
Facing Charges Where This Applies?
If you have just been convicted or sentenced, the clock on your appeal is already running. Attorney Chris Nalchadjian offers free, confidential consultations 24/7 to evaluate whether your case has appealable issues. Call KN Law Firm at (888) 950-0011.
Recently Convicted in California?
Your appeal deadline is already running. Call for a free 24/7 consultation.
