Can You Get A Reduced Punishment for Convicted Felons Under the New SB 1437?
A person could only be found guilty of felony murder under the new SB 1437 if they killed someone intentionally, helped the murderer get away with it, or showed reckless disregard for human life. The law gave people convicted of murder in the past under the previous felony murder rule the opportunity to request a new sentencing hearing or have their murder convictions reduced.
Who Can Be Resentenced Under the New SB 1437?
SB 1437 permits the resentencing of the following people:
- A person convicted of first-degree murder.
- A person convicted of second-degree murder.
- Anyone who took a plea deal which could not have been found guilty of first- or second-degree murder had the case gone to trial or could not have been found guilty under the new statute.
You are ineligible for a resentencing if you could have been charged with murder under the statute’s current definition.
The New Rules for Getting a Reduced Sentence Under the New SB 1437?
According to the new SB 1437, two things are necessary to appeal a sentence. They are:
- A hearing for resentencing and
- a petition.
Filing a Senate Bill 1437 Petition
A petition stating that you are qualified for a resentencing hearing must be filed with the court that sentenced you initially as the first step in this process.
The court case number and the year that you were found guilty must be mentioned, along with any relevant evidence and supporting arguments, by you (or your attorney). Serving the district attorney with the petition is required.
You must demonstrate your eligibility for a new sentencing in your petition. Facts, evidence, and legal justification are required to accomplish this. To bolster your case, you may present new proof. The federal government might reject your petition.
The court will schedule a hearing if they believe you should receive a reduced sentence. The prosecution must demonstrate during the hearing why a new sentence should not be given to you. The judge will order a resentencing if the prosecutor fails to do this. Alternatively, the prosecution can concur that you should receive a reduced sentence.
If the trial court found that you were not a significant participant in the felony at your initial sentencing, you may now face a different sentence under SB 1437.
Resentencing Hearing
A hearing is held if a petitioner demonstrates that he is qualified for a sentence reduction. Whether or not the petitioner’s sentence is genuinely lowered is decided at the hearing.
Finally, the petitioner is not required to prove why his sentence should be reduced. Instead, the prosecution must establish without a shadow of a doubt why the petitioner’s sentence should not be reduced.