How To Appeal A Sexual Assault Conviction In Rockland County

If you were convicted of sexual assault in New York, you may still have a chance to pursue freedom. With help from an experienced criminal defense lawyer in Rockland County, you can appeal your conviction. There is always the chance that your conviction may be overturned, and you may get a second chance to convince a jury of your innocence during another trial. To discuss the possibility of an appeal, contact an experienced sexual assault lawyer at your earliest convenience.

How Harvey Weinstein Overturned His Sexual Assault Conviction in New York 

In order to successfully appeal a sexual assault conviction in New York, you must consider the specific circumstances of your case. The most effective appeal strategies target the vulnerabilities and mistakes of the prosecution. These issues vary greatly from case to case, and so will appeal strategies. You can get a sense of what a successful appeal looks like by considering recent cases in New York.

Perhaps the most notorious sexual assault trial in recent memory involves Harvey Weinstein, the former Hollywood producer. Whatever you may think about Mr. Weinstein, his case shows us what a successful sexual assault appeal might look like in the Empire State.

In April of 2024, a New York court overturned his sexual assault conviction. Weinstein’s lawyers successfully showed that the judge presiding over his trial had made various improper decisions and rulings.

Perhaps most notably, the judge allowed women to testify on alleged crimes that Weinstein was not even being accused of. The court also seemed to dissuade the defendant from testifying, stating that he could be directly questioned about his own “bad behavior” rather than his alleged crimes. A panel of judges eventually determined that this was erroneous. Specifically, the court stated that the allowed testimony involved “Uncharged, alleged prior sexual acts against persons other than the complainants of the underlying crimes.”

In other words, the evidence was not relevant to the case. One of the most basic rules of evidence in a criminal trial is that all evidence must be relevant to the underlying criminal charges. If the evidence is not relevant, it should not be admitted.

Weinstein has not been allowed to leave prison in the wake of this decision. First, he will be retried for the same crimes in a second trial. Weinstein reportedly wants to testify in his own defense during this second trial and feels more confident in telling “his side of the story.” Furthermore, Weinstein is serving a separate sentence for similar crimes in California. However, his lawyers plan to appeal this conviction as well.

Calling witness testimony into question is just one example of an effective appeal strategy. Weinstein’s success in this regard shows that courts in New York are willing to consider potential errors in admitting testimony – even if the defendant is highly controversial.

Find a Qualified, Experienced Sexual Assault Defense Lawyer in Rockland County 

Criminal defense lawyer Phillip J. Murphy has spent years fighting for the rights of defendants. We have considerable experience with assault, sexual crimes, and other violent offenses in Rockland County. Book your consultation today to discuss the possibility of an appeal – and push back against needlessly excessive penalties.

Sources:

timesofisrael.com/new-york-court-repeals-harvey-weinsteins-sexual-assault-conviction-calls-retrial/

aljazeera.com/news/2024/4/26/top-new-york-court-overturns-harvey-weinsteins-2020-rape-conviction