Boulder Attorney Steven Louth
The legal system is designed to protect innocent individuals. Even after an individual is convicted of a crime, he or she has the right to appeal that decision. An appeal requests a higher court to review the original trial courts proceedings and verdict. The convicted individual argues the original court violated his or her legal rights in some manner and deserves a reduced sentence or a new trial. If you have been convicted of a crime, and wish to appeal your conviction or your sentence, contact dedicated Colorado Appeals Attorney Steven Louth today.
Mr. Louth has filed successful appeals throughout his career. The most recent appeal involved a client charged with second degree assault. The alleged victim had been socializing and drinking alcohol one night at a friend’s home near the University of Colorado-Boulder campus. After hearing the sound of breaking wood, the alleged victim assumed someone had broken the fence belonging to the house where he was partying. Although there were multiple people out in the street and the alleged victim did not see what broke the fence, the alleged victim immediately confronted our client. He called him several expletives and when our client tried to leave, he grabbed our client by the shirt collar. The two traded punches and wrestled on the ground until defendant captured the victim in a headlock. The victim sustained one or more blows to his face, which fractured his cheekbone, and defendant was charged with second-degree assault.
At trial, upon the prosecution’s request, the court instructed the jury every person is presumed to know the law and the defendant knew someone could employ lawful force against him if he committed a crime in that person’s presence. This law is correct and undisputed. However, it was a mistake for the trial court to issue these instructions to the jury because it did not allow them to consider the totality of the circumstances of our client’s self defense claim. At the original trial, Mr. Louth vehemently objected to issuing the instructions and was overruled by the court. Mr. Louth and our client choose to appeal to the Colorado Court of Appeals on the ground that the instruction was given in error and it prevented the client from receiving a fair trial. The Colorado Court of Appeals agreed and the case was remanded back to the trial court.
Another option beside an appeal is to ask to court to reconsider the sentence it issued based on a number of other factors. Individuals convicted of a crime have 120 days to file this motion for reconsideration.
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If you have been convicted of a crime and believe your rights were violated and the sentence should be reconsidered, contact the Boulder Criminal Defense Law Office of Steven Louth for a free consultation.