Appealing a Firearm Conviction in Phoenix

The penalties associated with weapons charges can have a devastating impact on your life moving forward. In addition to jail time and fines, you might also lose your right to own or possess a gun. If you are found guilty at trial, the appellate process might be your last chance at avoiding these penalties.

Appealing a firearm conviction in Phoenix could overturn the judgment against you, result in a reduced sentence, or even lead to the dismissal of your charges. This process is complex, which means you need to call Grand Canyon Law Group and get proper advice from a seasoned criminal appeal lawyer today.

What is an Appeal?

When a person is convicted of a gun offense, there may still be an opportunity to avoid a conviction. This is possible by appealing the trial decision. An appeal involves the defendant requesting a higher court to review the trial judgment.

In Phoenix, there are different courts that might hear firearm conviction appeals. The highest possible level of appeal is the Arizona Supreme Court, but there are also intermediate appellate courts that might take up the case first.

These hearings are different from the initial trial. In fact, there might not be hearings at all. In some cases, the appellate courts will make a ruling or refuse to hear the case without the defendant ever appearing in front of them. When hearings are required, they do not involve witnesses or evidence like in a trial scenario. The courts can only consider the record as it exists from the original trial when making a decision.

Grounds for Appealing a Gun Conviction

While anyone can file an appeal, these efforts are only successful when the defendant can establish sufficient grounds. Common appeals grounds include the following:

An attorney in Phoenix can review all of the factors related to appealing a firearm conviction. Call Grand Canyon Law Group to see if you have the potential for a successful appeal.

Possible Outcomes

The decisions made by an appellate court can vary. These judges have different options in front of them, and it is often impossible to predict what they might decide. In fact, appealing a Phoenix firearm conviction often results in the judges affirming the decision of the trial court. This ultimately means that the guilty verdict remains in place permanently.

Other appeals have better outcomes for the accused. If the court determines that the defendant was treated unfairly, they might order a new trial. This is common when important evidence is either included or excluded unlawfully. In this scenario, the case is returned to the trial judge for additional proceedings.

Appellate courts also have the power to sustain the conviction but order a new sentencing hearing. Some of the reasons this might occur include the trial judge failing to take into account any time served or issuing a sentence that is longer than the statutory maximum.

In limited cases, the judges might dismiss the case entirely. This occurs when it is determined that there are legal grounds that prevent the state from pursuing the conviction any further.

Talk to an Attorney in Phoenix About Appealing a Firearm Conviction

When you have been convicted on weapons charges, you have a narrow window of time to appeal, which is why you must CALL NOW. This process can result in a new trial, among other favorable outcomes. Before appealing a firearm conviction in Phoenix on your own, we highly recommend seeking out legal counsel from Grand Canyon Law Group for a private consultation.

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