If a defendant in a criminal prosecution is found guilty, the defendant can appeal the conviction (finding of guilt) or the sentence (punishment such as jail or prison, restitution, community service, probation, etc.). An appeal is not another trial—it is an opportunity to raise specific errors that might have occurred at trial. For example, a convicted defendant might claim on appeal that the judge made an incorrect ruling on an important question such as whether to exclude or suppress certain evidence, or whether to impose a certain sentence or punishment.

Appeals are complex processes and generally require the expertise of a licensed lawyer. On appeal a conviction may be reversed, a sentence may be altered, or the case may be sent back to the trial court for a new trial or a new sentence.

There are generally two potential levels of appellate review following a defendant’s conviction in a state court or federal trial court—an intermediate court (often called the court of appeals) and the highest court, or court of last resort (often the supreme court). Although a defendant usually has an automatic right to appeal a final conviction to the intermediate court of appeals, in many jurisdictions the highest court has discretion on whether to accept an appeal to review a case—known as discretionary review.

In North Carolina, a defendant who has been found guilty in a criminal prosecution has the right to appeal the conviction or the sentence. The appeal process is not a retrial but an opportunity to challenge potential legal errors made during the trial, such as the admission or exclusion of evidence, jury instructions, or the legality of the sentence imposed. Appeals in North Carolina typically begin at the North Carolina Court of Appeals, which is the intermediate appellate court. If a party is dissatisfied with the decision of the Court of Appeals, they may seek further review by the North Carolina Supreme Court, which is the state's highest court. However, unlike the automatic right to appeal to the intermediate court, the North Carolina Supreme Court has discretionary review and may choose not to hear the case. Appeals are legally complex and generally require the representation of an attorney experienced in appellate practice. Depending on the outcome of the appeal, a conviction may be overturned, a sentence may be modified, or the case may be remanded back to the trial court for a new trial or resentencing.