Can I get a worse sentence if I appeal my case and lose? Can I get a court appointed appeals lawyer?

Question Details: I was found guilty of felonious assault. The co-defendants mom works for the court and his was knocked down to a M4. The transcripts tell different stories from the same people.

Asked 10/26/2009 under Criminal Defense | 539 View(s) | More Legal Topics

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I am a lawyer in CT and practice in this area of the law.  The state provides public defenders for appeals.  therefore, if you have a valid basis for an appeal, then you should speak to a lawyer.  differences in testimony, may not be sufficient becasue the jury made a fact determination and based it on these people's credibility. However, I suggest meeting with a public defender to discuss whether you have a valid appeal.  the penalty does not get enhanced because you file an appeal.

Although I do not practice law in the State of Ohio, here are my initial impressions.  The general rule is that it is unconstitutional for a judge to increase a sentence upon an unsuccessful appeal.  You should be advised, however, that in some states, following the partial success of an appeal of a multi-count conviction, the sentencing judge can increase the sentence on the remaining counts to match the original sentence.  

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