Searches for "appeal a conviction," "appealing a conviction," and "appeal process after sentencing" sometimes arrive in a family law context — when a domestic violence conviction affects a custody case, or when a parent is incarcerated. This page clarifies the differences.
Appeal a Conviction — Criminal Appeals
To appeal a conviction in California criminal court, the defendant files a Notice of Appeal within 60 days of sentencing. Appealing a conviction requires identifying legal errors: improper jury instructions, inadmissible evidence, ineffective assistance of counsel, or insufficient evidence. The appeal process after sentencing in a criminal case goes to the California Court of Appeal. Appeals attorney california criminal defense practitioners handle these cases separately from family law.
How a Criminal Conviction Affects Family Law
A domestic violence conviction — particularly Penal Code 273.5 or 273a — creates a rebuttable presumption under Family Code section 3044 that the convicted parent should not have sole or joint custody. Incarceration following a conviction may require custody order modification. Furubotten Law, APC handles the family law side of criminal conviction impacts throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.