The new law will allow those convicted of felony murder to petition for a new hearing.
If you decided to commit a crime, but had no intention of hurting anyone, would you be shocked to find out that you could still be charged with (and convicted of) murder? Under the felony murder rule, if you commit certain California felonies and someone dies during the commission of that crime — even if it happened accidentally — then you could go to jail for murder.
This law is designed to discourage people from participating in the types of serious crimes that could lead to someone type. In practice, however, it often has unfair results. For example, a person might agree to participate in a break-in of what they think is an empty house. If it turns out that someone was actually in the house, and that person dies of a heart attack, then the person could be charged with murder — even though he had no intent to kill and did not act with a reckless disregard for human life.
The felony murder rule recently changed when Governor Jerry Brown signed Senate Bill 1437 into law. Now, according to a murder defense lawyer Los Angeles, CA, in order to be charged with felony murder, you have to do more than simply take part in a felony where someone dies. Under the new law, there is a distinction between people who participate in the felony (such as a robbery) and those who killed someone as part of the crime or assisted in the killing. Now, prosecutors cannot charge a suspect with felony murder “unless the person was the actual killer or the person was not the actual killer but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer.” This law will go into effect on January 1, 2019.
The impact of this new law could be felt immediately. Across California, there are approximately 800 cases involving the felony murder rule. The new law will give those convicted the right to petition for a hearing if they were convicted under the current felony murder rule. In addition, people who were convicted or accepted a plea deal based on the current felony murder law could seek to have their convictions vacated and be resentenced. If you or a loved one were convicted of felony murder in California, a murder defense lawyer Los Angeles, CA can work with you to determine whether it may be possible to have your conviction vacated or to otherwise be released once the new law takes effect.
The new felony murder rule is a major change to California law that will ensure that only those truly responsible for the death of another person will be tried and convicted for murder. It also will give people who have already been convicted of felony murder the opportunity to have their convictions vacated, and potentially be released from prison.
At the Chambers Law Firm, we strongly believe that each of our clients deserves a vigorous defense. We are devoted to providing an aggressive defense, and will work hard to help our clients achieve the best possible outcome. To learn more about the felony murder rule, including the possibility of filing a petition for a new hearing if you have already been convicted, contact our office today at 714-760-4088 or dchambers@clfca.com. Initial consultations with an experienced murder defense lawyer Los Angeles, CA are always free of charge.
