Do Not Wait to Reach Out to an SB 1437 Attorney in Clovis CA
If you believe that recent changes to the way the felony murder rule is applied in California may affect you or a loved one then now is the time to contact an SB 1437 attorney in Clovis CA. Not everyone who has been sentenced via the felony murder law is eligible to have their sentenced adjusted but many are. Read on to learn more or call Chambers Law Firm at 714-760-4088 to receive a free initial consultation.
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 Clovis 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 Clovis 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.
Call an SB 1437 Attorney in Clovis CA for a Free Initial Consultation
These are complicated cases. While it is right to be hopeful that this legislation can help your case, it is also worth noting that this is new law and there are still questions regarding how the courts will interpret parts of it. This is just one of the many reasons that it is worth working with an experienced attorney. Call Chambers Law Firm today at 714-760-4088 for a free initial consultation.
