Southern California SB 1437 Resentencing Attorney
What Is Senate Bill 1437?
As part of a variety of laws that have been passed in California designed to target reform, SB 1437 has been in and out of the news for some time now. So what exactly is Senate Bill 1437 and how can it help you?
Felony Murder Prosecutions In Southern California
Felony Murder Rule
In the state of California, those previously charged with Felony Murder when a fatality occurred during the course of a felony offense were charged with First-Degree murder and this was regardless of whether or not there was an intention to commit a murder. Following the passage of SB1437, the felony murder rule now only applies to those who are directly connected to the murder and where it is determined that the murder was carried out with intent. Co-defendants must be found to have aided and abetted in the murder or was a focal participant in the killing. This also applies to the killing of a law enforcement officer engaging in their duty at the time of the murder. The predicate must be that the defendant had the intent to kill.
Resentencing For Felony Murder Convictions
Under the reformation language in SB1437, many of those who are convicted of felony murder as well as those who are currently serving out their sentencing may be entitled to petition for resentencing. This law affords California residents who have been convicted of felony murder the opportunity to have their felony murder sentence lowered or reduced depending upon the circumstances surrounding their felony murder conviction.
The sentencing guidelines for felony murder are multi-layered. You’re not immediately entitled to a reduced sentence under SB1437 and in fact, those charged with Felony Murder going forward may face alternative Murder charges so as not to fully deviate from the felony murder rule.
Experienced SB 1437 Defense Support In Southern California
MLR Appeals offers experienced guidance and support for those seeking assistance with resentencing facilitated through SB1437. Because the process can be complex, it is vital to have a dedicated advocate on your side. Contact MLR Appeals to learn more about how we can help you. Call: 949.257.3593
How Can SB 1437 Help Your Felony Murder Conviction In Southern California?
With Senate Bill 1437’s update to the antiquated felony murder rule, those charged as co-conspirators in a felony murder case may not necessarily be held responsible for a death that occurs during the course of a felony crime. In the case of SB 1437, you can be charged if you were the actual individual who committed the murder, or with complete and full intent aided and abetted the killer in the murder.
The latter may make California residents who have been serving time for first-degree murder as a result of the age-old Felony Murder Rule prior to 2019, eligible for reconsideration via an SB1437 petition for resentencing.