Can I appeal a sentence that is within the statutory range?

Yes, you can appeal a sentence that is within the statutory range in North Carolina. In North Carolina, appeal is allowed when it is based on an “error of law” that occurs at trial. An appeal is not a new trial but rather a review of the trial court’s proceedings and is based on the trial court’s records. The purpose of an appeal is to determine whether an error of law occurred that would affect the outcome of the case. For example, if the trial court imposed a sentence that was within the statutory range but that sentence was based upon incorrect application of the law or incorrect findings of fact, the defendant may be able to appeal. Likewise, if the trial judge did not follow the sentencing procedures outlined in the statute, the defendant may have grounds for appeal. There may also be other types of errors that could give rise to a successful appeal. Although a sentence imposed within the statutory range can be appealed, courts are generally reluctant to reduce the sentence because it has already been found to be within the range allowed by statute. As such, when considering whether to appeal a sentence, the defendant should consult an attorney who is familiar with the specific facts and appeal procedures in North Carolina.

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Can I appeal a sentence that is within the statutory range?

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