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CRIMINAL APPEALS LAWYERS IN TORONTO
Your Criminal Appeal Defence Lawyers in Toronto
Strength. Strategy. Success. Every Case, Every Client.
A criminal appeal is the process of challenging a conviction or sentence in a higher court. It is not a new trial — instead, the appeal focuses on errors in law, procedure, or evidence that may have affected the outcome of the original case. Appeals can result in convictions being overturned, sentences reduced, or new trials ordered.
Appealing a criminal case is complex and time-sensitive. Strict deadlines apply, and the appeal must be based on solid legal grounds, such as misapplication of the law, improper instructions to a jury, or significant procedural errors.
Our team has successfully represented clients in criminal appeals at all levels, identifying key errors, preparing persuasive arguments, and maximizing the chances of a favourable outcome. If you believe a mistake was made in your case, contact us immediately to protect your rights and your future.
When Can You Appeal?
You can typically appeal:
- A conviction — if there was a legal or procedural error
- A sentence — if it is unfit, excessive, or based on incorrect principles
- A refusal of bail — under certain circumstances
Common grounds for appeal include:
- Errors of law by the trial judge
- Failure to properly instruct the jury or judge
- Misinterpretation or misapplication of law
- Evidence admitted or excluded in error
- Charter rights violations that affected the trial
Appeals focus on whether a legal mistake was made, not on whether you simply disagree with the outcome.
Appealing a Sentence
You may appeal a sentence if it is unreasonable, disproportionate, or improperly calculated. A sentence appeal can result in:
- A reduced sentence
- Different sentencing conditions
- A resentencing hearing
Sentence appeals require demonstrating that the trial judge made a demonstrable error in principle or failed to weigh relevant factors.
Strict Deadlines Apply
Criminal appeals are time-sensitive. In most cases:
- A Notice of Appeal must be filed within 30 days of the conviction or sentencing date
- Transcripts of the trial record must be ordered quickly
- Written arguments (factums) must be prepared with precision
Missing deadlines can mean losing your right to appeal forever.
How Karzai Law Handles Criminal Appeals
Appeals demand a detail-oriented strategy:
- Thorough review of the trial record and transcripts
- Identification of appealable errors
- Strong written advocacy tailored to appellate standards
- Oral argument experience before appellate judges
Karzai Law has helped clients challenge convictions and sentences by focusing on legal merit and documentation, and by presenting clear, persuasive submissions to the appeal court.
Frequently Asked Questions
A criminal appeal is a request to have a higher court review a conviction, sentence, or both. Appeals focus on whether legal errors were made during the trial or sentencing that affected the outcome, rather than re-trying the case from scratch.
Both the accused and the Crown have the right to appeal in certain circumstances. An accused person may appeal a conviction, sentence, or finding, while the Crown may appeal acquittals or sentences it believes are legally incorrect or unfit.
Appeals are typically based on errors of law, serious procedural mistakes, incorrect application of legal principles, or unreasonable verdicts. New evidence may also be considered in limited situations if it could not reasonably have been presented at trial.
Strict deadlines apply. In most cases, a notice of appeal must be filed within 30 days of the conviction or sentencing decision. Missing this deadline can seriously limit appeal rights, making prompt legal advice essential.
An appeal may result in the conviction being overturned, a new trial being ordered, a sentence being reduced, or the original decision being upheld. The outcome depends on the specific legal issues raised and the strength of the appeal arguments.
