By Tillman Clark, Colorado criminal appeals and postconviction attorney. Last reviewed October 2026.
Colorado publishes no reversal rate for criminal appeals. National data show that most criminal appeals are affirmed, and a minority win some relief, often partial, like a new sentencing hearing. The odds in any one case depend on what is in that record, which is why what gets raised matters.
How often do criminal appeals win?
Colorado's courts count decisions, not outcomes, so there is no Colorado reversal rate. The best national figures come from the U.S. Bureau of Justice Statistics. In 2010, state intermediate appeals courts affirmed 65.9% of criminal appeals in full and reversed, sent back or changed some part of the judgment in 13.9%. Many of the rest were dismissed or withdrawn.
Two cautions. "Reversed" in those numbers includes partial wins and sentence-only relief, not just new trials. And these are averages of past cases nationwide, not your loved one's chances. A strong issue in one record matters more than any percentage.
What does winning actually look like?
New trial: the conviction is reversed for a trial error, and the prosecution can try the case again.
Acquittal: the court finds the evidence was legally insufficient. The case ends; it can't be retried.
Resentencing: the conviction stands, but the sentence was wrong and the trial court must sentence again.
Partial reversal: some counts are reversed or merged; others stand.
Corrected sentence or restitution order: a specific part of the judgment, like restitution or fees, is fixed.
A 1990 federal study of criminal appeals in five states, including Colorado, found the same pattern: defendants won something in about 20% of appeals, convictions were overturned in fewer than 10%, and the most common win was a new sentencing hearing or a corrected sentence.
What changes the odds in a particular case?
In my judgment, four things matter most:
Whether the issue was raised at trial. An objection the trial lawyer made gets a much more favorable review than one they didn't.
The standard of review. Some decisions get a fresh look on appeal; others are reversed only if the judge clearly got it wrong.
The record. The appeal is decided only on what's in the transcripts and filings.
The brief. Which issues get raised, and how well they're argued. You get one direct appeal, and what gets raised now matters.
Can the sentence get worse if we appeal?
Families ask me this all the time, and the honest answer is: rarely, and only in limited ways.
If an appeal succeeds and the case is sentenced again, the judge can't punish someone for appealing. In Colorado, a longer total sentence than the original raises a presumption of vindictiveness, though the judge can rearrange the sentences on the remaining counts within the original total. When a defendant appeals the sentence itself, Colorado law bars a longer sentence unless new aggravating facts come out (C.R.S. § 18-1-409).
The real risk is different. If a conviction is reversed for a trial error, the case can be retried, and a new trial can end in another conviction. And a sentence that was illegal can be corrected in either direction, including upward.
Can the prosecution appeal?
Yes, but only on questions of law, such as a judge applying the wrong sentencing range. The prosecution can never retry someone for the same offense after an acquittal (C.R.S. § 16-12-102).
If we lose, is there another step?
Yes. Within 14 days, you can ask the Court of Appeals to reconsider. Within 42 days, you can ask the Colorado Supreme Court to review the case, though it grants about six percent of petitions (fiscal year 2025). And within three years after the appeal ends for most felonies, with no limit for class 1 felonies, a Rule 35(c) motion can raise what the appeal couldn't, including the trial lawyer's mistakes. Rule 35(c) proceedings.
What wins have looked like in my cases
From my Results page: a domestic violence conviction reversed by the Court of Appeals because irrelevant evidence was improperly admitted, with a new trial granted; a 48-year sentence reduced to 30 after a Rule 35(c) petition, by negotiation; and a kidnapping conviction vacated, with the client released on a time-served misdemeanor. Prior results do not guarantee a similar outcome.
How I handle these cases
I'm a solo Colorado lawyer, and appeals and postconviction cases are all I do. I spent seven years as a trial lawyer before that. I personally handle every case: I read every page of the record and write every brief myself. In the first conversation, I'll tell you the weaknesses in the case, not just the strengths.
Common questions
What percentage of criminal appeals are successful?
Colorado publishes no figure. Nationally, in 2010, state intermediate appeals courts reversed or changed some part of the judgment in 13.9% of criminal appeals, including partial and sentence-only relief.
If you appeal a sentence, can it be increased?
Rarely. Colorado law bars a longer sentence on a defendant's own sentence appeal unless new aggravating facts come out, and a longer total after a successful appeal raises a presumption of vindictiveness. An illegal sentence, though, can be corrected in either direction.
Is an appeal worth it if the odds are low?
It depends on what's in the record. That's a question for a lawyer who has looked at the case, and I'll tell you the weaknesses in the first conversation.
Learn more: criminal appeals, direct appeals, and Colorado Supreme Court petitions.
Talk with Tillman
Consultations are free, and you will speak with me, not with staff. Call 720-507-5814 or send me a message.
This page is general information about Colorado criminal procedure and is not legal advice about any particular case. Rules, statutes and deadlines change; confirm current requirements with a lawyer about your specific situation. Attorney advertising. Prior results do not guarantee a similar outcome.
