Legal Question in Criminal Law in Louisiana

15 yrs

Based on my previous question answered by Andrew, I was told that after taking a plea bargain, you cannot appeal a conviction but you can appeal a sentence. How hard is it to appeal a sentence for a burglary charge. This is the person's second offense.


Asked on 5/21/09, 10:33 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: 15 yrs

You said he took a plea deal. If it included what the sentence would be, then no one would appeal for him. If he did not know the sentence when he pled, then to appeal is easy but to have the sentence overturned is as close to impossible as there is. Add to your situation that it is a 2nd offense, then it is impossible. Since simple burglary carries a maximum of 12 years, it must have been aggravated burglary which carries a mazimum of 30 years. Of course this is my personal opinion and if you have the money, I am sure you can find an attorney to appeal it.

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Answered on 5/22/09, 7:36 am


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