Appeals
Wisconsin Sentencing Appeal Lawyers
A Lawful Conviction Can Still Produce an Unlawful Sentence.
A Lawful Conviction Can Still Produce an Unlawful Sentence.
Even when the conviction itself will stand, the sentence may not deserve to. Judges have broad discretion at sentencing, but that discretion has legal limits: a sentence must rest on accurate information, proper factors, and a rational explanation. When a court relies on a misstated criminal history, an improper consideration, or — in federal court — a miscalculated Guidelines range, the sentence is vulnerable.
Strang Bradley challenges sentences in Wisconsin state courts and in the federal system, where our attorneys’ experience includes United States v. Booker — the U.S. Supreme Court decision that made the Federal Sentencing Guidelines advisory and created the modern framework of reasonableness review. Sentencing law is not a sideline for this firm; it is a subject we helped shape.
Grounds to Challenge a Sentence
- Reliance on inaccurate information — a defendant has a due process right to be sentenced on accurate information
- Improper sentencing factors, including punishment for exercising the right to trial
- Erroneous exercise of discretion — a sentence unexplained or unsupported by the record
- Federal Guidelines errors — miscalculated offense levels, criminal history scoring, and enhancement disputes
- Procedurally or substantively unreasonable federal sentences
- Sentence credit errors and unlawful conditions of extended supervision
Sentence Modification in Wisconsin
Appeal is not the only route. Wisconsin circuit courts may modify a sentence in some instances, and at any time when the defense presents a new factor — a fact highly relevant to sentencing that was unknowingly overlooked or did not exist when sentence was imposed. Identifying and framing a genuine new factor is exacting legal work, and courts reject motions that simply re-argue the original sentencing. We build modification motions that give judges a legally sound basis to act.
Why Choose Strang Bradley for a Sentencing Challenge
Sentencing challenges live at the intersection of law and persuasion: the legal error must be real, and the argument for a different outcome must be compelling. Our attorneys combine deep sentencing-law expertise—state and federal—with the writing appellate courts reward. We will review the sentencing transcript and tell you candidly whether a challenge is worth bringing.
Answers
Wisconsin Sentencing Appeal FAQs
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What counts as a 'new factor' for sentence modification?
A fact or set of facts highly relevant to the sentence that was unknowingly overlooked by all parties or did not exist at sentencing. Ordinary post-sentencing rehabilitation generally does not qualify; a demonstrable error in the information the judge relied on often does.
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Can a federal sentence be appealed even if it is within the Guidelines range?
Yes. After Booker, every federal sentence is reviewed for procedural error — including an incorrectly calculated range — and substantive reasonableness. A sentence built on a miscalculated Guidelines range is vulnerable even if it appears otherwise ordinary.
Was your sentence — or a loved one's — built on bad information or legal error?
Call or text (608) 535-1550 for a free, confidential consultation. Tell us what happened and we’ll tell you honestly whether you have an appeal worth taking.
