An SB 1437 Attorney in Chula Vista CA Could Change Your Life
In recent years, California legislators have taken steps to update the felony murder law. As a result of these reforms, an SB 1437 attorney in Chula Vista CA can help eligible Californians convicted of felony murder have their sentences reduced. While not all persons who have been convicted of felony murder qualify, a quick call to Chambers Law Firm at 714-760-4088 for a free initial consultation can give you all the answers you need.
Do Any of These 3 Criteria Apply to Your Case?
While SB 1437 does not allow for everyone convicted via the felony murder rule to be resentenced, those who meet certain eligibility requirements can be resentenced. Generally speaking, the person in question would need to be fit into one of these three categories:
- They were convicted under the first-degree felony murder rule and did not have kill, intend to kill, or act as a major participant in the felony with reckless indifference to human life.
- They were convicted as an accomplish to a “target” crime under the second-degree felony murder and did not kill or act with malice in the killing.
- They were convicted of second-degree murder.
Do one of these three categories cover the case you are concerned about? If so, that does not necessarily mean that the case is automatically eligible but it is a good sign. If you are not sure if one of these categories applies then you can contact your trial and / or appeal attorney to find out, talk to an SB 1437 attorney in Chula Vista CA who is experienced in these cases, or review the sentencing requirements the judge read at the trail to see what type of crime the case involved.
How to File a Petition for Resentencing Under SB 1437
If a person is currently serving a sentence for felony murder then they can file a petition to be resentenced by submitting declarations regarding their conviction. This petition must be mailed to either the District Attorney or Attorney General, depending on which officer prosecuted the case. A copy of the petition must also be sent to a private SB 1437 attorney in Chula Vista CA or the Office of the Public Defender.
This petition for resentencing can be filed by a person who was convicted of felony murder with “special circumstances” that resulted in death or life without parole. Certain special circumstance murders, such as a person being major participant in a felony that resulted in a killing, could be eligible for resentencing.
Not Sure How to Proceed? Contact an SB 1437 Attorney in Chula Vista CA
Though the passage of SB 1437 is good news for many people, it is complex legislation, made more complicated by the fact that it is not entirely clear how the courts will interpret portions of the law. For this and other reasons, it is essential to work with an SB 1437 attorney in Chula Vista CA. Reach out to Chambers Law Firm at 714-760-4088 now for your free initial consultation.