Certain persons who were proven guilty of felony murder in California may be able to bring a petition for a reduction in their sentence. California's new felony murder rule limits who can be prosecuted for felony murder to those who commit or intend to commit a killing.
Prior to the passage and approval of Senate Bill 1437 in September 2018, California law allowed first-degree murder convictions, which bring a sentence of 25 years to life, for participants in certain inherently dangerous felonies in which a person is killed.
These felonies include arson, rape, carjacking, robbery, burglary, mayhem, and kidnapping. Under the prior law, it was permissible for a person who was a minor participant, but liable as an aider and abettor, to receive a life sentence where another participant in the crime actually committed the murder. This is the so-called "felony murder rule."
For example, the getaway driver in an armed robbery would be liable for murder if the principal, the individual actually holding up the clerk at the store, for instance, killed someone during the robbery. This outcome would apply equally whether the getaway driver had any intent that someone should die during the commission of the crime or not.
Murder convictions can also stem from the application of the “natural and probable consequences doctrine.” Under this rule, an individual need not actually intend that their participation in a conspiracy, for example, result in death. However, consider an inherently dangerous conspiracy, such as a conspiracy to kidnap an individual and hold them at gunpoint to obtain ransom money.
Suppose one of the co-conspirators loses their temper and kills the kidnapped victim. In that case, the law considers the killing natural and probable consequences of the inherently dangerous activity of kidnapping someone at gunpoint.
The other co-conspirators, even if they had intended to merely hold the person against their will without causing any physical harm, may still be liable for murder just as if they had actually been the killer.
New Felony Murder Law
The new law, Senate Bill 1437, significantly narrows the scope of both the felony murder and natural and probable consequences doctrine. It does so by clearly defining which participants in serious felonies can be charged with murder when someone dies as a result of the underlying crime. This change is a crucial step towards ensuring a fair and just legal system, providing reassurance to those affected.
Certain people who were proven guilty of felony murder in California may be able to get a reduction in their sentence. The new felony murder rule limits who can be prosecuted for felony murder to those who commit or intend to commit a killing.
The new law requires that someone who is not the actual killer possess intent to kill, or aid, abet, counsel, command, induce, solicit, request, assist the actual killer in the commission of the first-degree murder, or that the person be a “major participant” in the underlying felony, and also act with “reckless indifference to human life.”
Under this stricter definition, it is doubtful that a getaway driver, especially if they had no knowledge that the principal was armed or intended to do any harm to anyone, could be charged with murder. In other words, under the new law, an individual can only be convicted of felony murder if they:
- Killed someone in the commission of a felony, or attempted felony,
- Aided and abetted in the killing,
- Were a major participant in the killing, OR
- The victim was a peace officer engaged in performing their duties.
It should be noted that this law does not affect whatsoever on the ability to charge and sentence murder defendants who are the actual killers. Those individuals face sentencing on either first or second-degree murder charges, the same as prior to the enactment of SB 1437.
The new rules affect only the ability of the prosecuting agency to bring murder charges against a non-killer. The question of whether a non-killer can still be liable as a murder defendant, therefore, now turns on the specific proof of the defendant's mental state prior to the commission of the crime.
Simply put, under SB 1437, the parties that can petition for a reduced sentence include those who were proven guilty of felony murder under a natural and probable consequences theory.
Murder Cases Are Retroactive
A crucial aspect of Senate Bill 1437 is its retroactivity. This means it also applies to defendants who were accused of felony murder under the old law. As a result, some defendants accused of felony murder under the old law may petition the court to seek a reduction in their sentence, offering a glimmer of hope to those affected and fostering a sense of optimism.
In other words, SB 1437 not only applies prospectively to new cases but also explicitly provides a mechanism for reviewing older convictions to vacate prior murder convictions and resentencing defendants where the murder conviction would no longer be permissible under the new standards.
This resentencing procedure will apply to defendants who were sentenced under the felony murder rule or the natural and probable consequences theory of murder.
Eligibility for Resentencing
California Senate Bill 437 states that someone is eligible for a reduced sentence if certain conditions are met, including the following:
- Defendant was convicted of felony murder under a natural and probable consequences theory,
- Defendant was convicted of first or second degree murder, AND
- Defendant would not have been convicted of murder under the new California felony murder law.
Again, a non-killer who was nevertheless a “major participant” in the underlying crime and who acted with reckless indifference to human life can still be properly convicted of murder. This means that when reviewing prior convictions, a fact-intensive inquiry must be undertaken to determine the level of participation the defendant offered in the commission of the crime and the mental state they possessed, ensuring a thorough and fair process that serves justice.
Filing a Petition
Anyone seeking to appeal for a reduced sentence under Senate Bill 1437 must first file a petition demonstrating their eligibility for the reduced sentence. This petition should include all relevant information, such as the details of the original conviction and the reasons why the petitioner believes they are eligible for a reduced sentence. The petitioner must then attend a resentencing hearing.
The hearing will determine whether the petitioner's sentence will be reduced. During this hearing, the petitioner doesn't have to show that their sentence should be reduced.
Instead, it's the responsibility of the prosecutor to prove, beyond a reasonable doubt, that the petitioner's sentence shouldn't be reduced. This means that the prosecutor must present strong evidence to support the original sentence. If they can't prove it, then any allegations and enhancements connected to the murder conviction will be vacated, and the petitioner will be resentenced on the remaining charges.
The judge will make the final decision on the new sentence. Anyone who is resentenced will receive credit for the time they have already served. The judge could also order the petitioner to receive parole supervision for up to three years after completing their sentence.
Contact Our LA Defense Lawyers
If you or someone you know is currently serving a life sentence for first or second-degree murder in a case where they were not the killer, a thorough review of the trial transcripts, evidence, and other documentation in their case may provide an opportunity for vacating their conviction and obtaining a reduced sentence.
The California criminal defense lawyers at Eisner Gorin LLP provide a thorough review and advise process, in which we counsel the defendant and their family members about the possible legal options for post-conviction relief, as well as a realistic assessment of the likelihood of success for various legal options.
We encourage you to call our office for a consultation to discuss whether your case, or that of a loved one, is eligible for review under SB 1437.
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