Sentence Reduction With SB1437

Senate Bill 1437 [ SB1437 ] makes it possible for a person convicted of felony murder to get their sentence reduced to a lesser number. This article will equip you with reducing years off a felony murder sentence. 

What is the Meaning of SB1437?

The SB 1437 transforms sections 188 and 189 by ending to the effect of natural repercussions in murder cases, thereby making it uneasy for people to be convicted of felony murder. Also, it allows anyone that is convicted to get their sentence reduced 

Old Felony Murder Rule

Here, this rule considers you guilty:

1. If you take part in a severe felony like robbery, burglary, etc

2. If a victim lost their life during or due to what the offender did. 

New Felony Murder Rule

SB 1437 passed the new felony murder rule. Under this rule, a person can only be guilty if:

1. The person is the one who kills

2. The person intended to kill or help or encouraging another person to kill

3. The person played a crucial role in the crime 

4. The victim was a police officer killed on the job

Eligibility for a Resentencing

1. If you get convicted for first-degree murder

2. If the person gets convicted for second-degree murder 

3. If the individual agreed to a plea offer which could have been convicted of any degree of murder.

How to Get a Successful SB1437 Application

You may get a qualified attorney to get a petition to the former court that pronounced your initial sentence to grant you’re your eligibility. Besides, your attorney must add the case number, year of conviction, supporting arguments, and materials essential to help you win the application. Then, your lawyer will submit the petition to the attorney who will defend you during the trial.

In addition, your lawyer must include facts, proofs, and legal arguments in your petition to establish that you’re eligible for resentencing. The court will grant a hearing if they accept your application. Meanwhile, the prosecutor should prove that you deserve to be resentenced at the hearing. If the prosecutor fails, the judge will order a resentencing.

Secure an Appeal Lawyer

Your attorney needs to thoroughly review your case records and develop bases to support the resentencing petition. So, get a competent lawyer to defend and help you reduce your sentence.