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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience, primarily in criminal law
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Can one appeal an assualt charge successfully, if sentenced how much of the sentence

Resolved Question:

He was in an auto accident in Sept. a head injury to the frontal lobe   He was in an argument with his wife over his medication she was calling him names and hitting him in the head with her fist.His son held him off her and so he head butted her in the nose and broke it.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 8 years ago.
An assault charge can be appealed if there are grounds for an appeal--i.e., that there was some error in the proceeding that affected the outcome of the trial or plea that warrants a reversal. If the case is reversed on appeal, more often than not he will be looking at the same charge again. He should hire an appellate lawyer ASAP to examine his case to see if there is a ground for an appeal. Appeals generally have to be filed within 30 days of the entry of judgment, so he needs to get on that quickly to make sure he doesn't lose his chance to appeal.
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