collateral attack

In one sentence

A legal challenge to a conviction or judgment made in a separate proceeding, rather than through direct appeal.

Plain English

A collateral attack is an attempt to overturn a conviction or judgment through a different legal proceeding, rather than a direct appeal. The most common example is a habeas corpus petition, where someone argues they're being held illegally. Collateral attacks are available when direct appeal won't work or has already failed. They're a second chance to challenge a conviction, but they're limited to certain grounds, like ineffective assistance of counsel or newly discovered evidence.

Ad slot

Example

After his direct appeal failed, the defendant filed a habeas corpus petition claiming his lawyer was ineffective. This collateral attack challenged his conviction on different grounds than his original appeal.

Used in a sentence

“The prisoner's collateral attack through a habeas corpus petition raised new constitutional issues not addressed at trial.”

Related terms

Expungement

A legal process that erases or seals a criminal conviction from your record.

Mistrial

A trial that is declared invalid and must be restarted.

Double Jeopardy

Being prosecuted or punished twice for the same crime, which the Fifth Amendment forbids.

Remedy

A legal action or payment a court awards to fix a harm or enforce a right after a breach.

Notice

A formal written communication required by a contract to inform the other party of something important.

Stand Your Ground

A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.

Castle Doctrine

A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

Felony

A serious crime punishable by more than one year in prison or death.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.