Facing a felony murder charge in California is one of the most severe legal challenges a person can experience. The penalties for felony murder are among the most severe in California law, including life without the possibility of parole or decades in prison.
Before 2018, California's felony murder rule allowed individuals to be convicted of murder simply for participating in a felony during which someone died, even if they didn't directly commit the killing or intend to harm anyone.
The implications of such convictions were devastating and often resulted in decades, or even a lifetime, behind bars.
However, in a significant stride towards fairness and accountability in the criminal justice system, Senate Bill 1437 (SB 1437) was introduced in 2018. This bill brought about sweeping reforms to the felony murder rule, offering a ray of hope.
These changes not only narrowed the scope of murder liability but also provided a pathway for previously convicted individuals to seek resentencing, a relief that was previously unavailable.
SB 1437 significantly revised California's felony murder rule, primarily by narrowing the circumstances under which someone can be convicted of felony murder. This revision, which eliminated the 'natural and probable consequences' doctrine in murder cases, ensures that murder liability is now based on a person's actions and intent, rather than on unforeseeable or indirect outcomes. This emphasis on intent brings a sense of fairness and reassurance to the legal process.
The law also allows for resentencing of individuals previously convicted under the broader, pre-2019 felony murder rule, if they no longer meet the revised criteria.
Key Changes Introduced by SB-1437
Senate Bill 1437, which took effect on January 1, 2019, aimed to reform the previous statute governing convictions for felony murder, or murder committed during a felony act.
Reform focused largely on intent, specifically the need to prove a defendant's intent to kill. SB 1437 prevents a murder conviction against someone who is not the actual killer, did not act with intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.
SB 1437 asserts that a felony murder can be charged if someone commits, attempts, or participates in a felony, and one of the following is true:
- That person kills another person.
- That person aids or abets in the commission of murder in the first degree with intent to kill.
- That person was a "major participant" in the felony and acted with "reckless indifference to human life."
- A peace officer was killed in the performance of their duties due to that person's acts.
Simply put, SB-1437 amended the existing laws concerning felony murder in significant ways, as discussed below.
Narrowing the Scope of Felony Murder Liability
Perhaps the most significant change under SB-1437 is that individuals can no longer be convicted of felony murder just for being present during the felony that results in murder.
This means that individuals who played minor roles in the underlying felony or who were unaware of the potential for harm can no longer be swept up into a felony murder conviction. Specifically, as noted above, a person can't be convicted of murder unless they meet one of the following criteria:
- They were the actual killer who caused the death.
- They acted with the intent to kill, such as by aiding or abetting the murder.
- They were a major participant in the felony and acted with "reckless indifference to human life."
There is one key exception to this reform. Suppose the victim was a peace officer killed in the line of duty, and the participant knew or reasonably should have known the victim's status. In that case, the individual can still face felony murder charges, even without direct involvement in the killing.
Eliminating the "Natural and Probable Consequences" Rule
Before SB-1437, the "natural and probable consequences" doctrine allowed individuals to be held responsible for any death that occurred as a foreseeable result of the felony, even if the death wasn't intentional.
For example, if a victim suffered a fatal heart attack during an armed robbery due to stress and fear, all participants in the robbery could face murder charges under the old rule. SB-1437 abolished this rule in murder cases, ensuring that murder liability is now based on a person's actions and intent, rather than on unforeseeable or indirect outcomes.
Retroactive Application for Resentencing
As a significant benefit for many people previously sentenced under the old laws, SB-1437 makes the changes retroactive. This allows many individuals who were previously convicted of felony murder to petition the courts for resentencing. To qualify for resentencing, an individual must demonstrate that:
- They were convicted of murder based on the old felony murder rule.
- They could not have been convicted under the new criteria set forth by SB-1437.
Simply put, persons convicted under the pre-2019 statute can appeal for resentencing, according to a decision by the California Supreme Court in late 2020. In that case, the decision hinged on intent and how it was defined and applied legally.
Under the standard for aiding and abetting under SB 1437 - called "natural and probable causes" - a defendant may not necessarily share the other defendant's intent, but may have assisted in the victim's death. Using this standard, the state's Supreme Court ruled that a defendant appealing a conviction did not possess the requisite intent and could not be found guilty of second-degree murder.
If eligible, the individual's case will be reviewed, and if the court determines they no longer meet the criteria for a murder conviction, they can be resentenced or potentially released.
If You Believe You Qualify for Resentencing
Filing for resentencing under SB-1437 can be a complex process, and the burden of proof often falls on the individual seeking resentencing. Courts may review records from the original conviction and consider arguments from both the prosecution and the defense.
If the court finds that the petitioner is eligible, it will 'vacate the murder conviction,' which means it will officially cancel the previous conviction. The court will then modify the sentence accordingly, potentially leading to a reduced sentence or even release.
If you are seeking resentencing under SB-1437, your best hope of doing so is by hiring an experienced California criminal defense attorney to coordinate the process. A good attorney will provide invaluable support throughout the resentencing process, offering you the support and guidance you need during this challenging time.
- Carefully assess your case to determine whether you are eligible for resentencing under the applicable laws and guidelines. This includes reviewing your criminal history, the details of your conviction, and any recent changes in legislation.
- Assist in gathering all necessary documentation and evidence to strengthen your case, such as court records, character references, or evidence of rehabilitation efforts.
- Prepare a compelling petition to present to the court, clearly outlining why you qualify for resentencing and demonstrating how your circumstances have changed.
- Skillfully defend your case against any challenges or objections raised by the prosecution, ensuring your rights and best interests are protected throughout the process.
For additional information, contact our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, CA.
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