You Are Not Alone: Get Legal Help from an SB Attorney in Escondido CA
Lawmakers in the state of California have taken steps to right the wrongs that were occurring with the previous way in which the felony murder law was being applied. While the law is not dead entirely, significant changes have now been made – and many are retroactive. This means that a person already serving time could call an SB 1437 attorney in Escondido CA and potentially have their sentence significantly reduced.
Consider These 3 Eligibility Requirements
The bad news is that an SB 1437 attorney in Escondido CA can only help certain people with sentence reductions. They must fit into one of these three eligibility categories:
- If the client was convicted under the first-degree felony murder rule then they must not have killed, intended to kill, or acted as a major participant in the felony with reckless indifference to human life.
- If the client was convicted as an accomplish to a “target” crime under the second-degree felony murder they cannot have killed or acted with malice in the killing.
- The client was convicted of second-degree murder.
If one of these three applies then it is time to contact an attorney. In the event you are not sure what theory of murder the case involved, there are several options. A call to the lawyer who handled the case and / or any appeals can likely help, as can an SB 1437 attorney in Escondido CA that specializes in these cases. It is also possible to get ahold of the jury instructions to find out more about the theory of the case.
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 Escondido 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.
Are You Ready for a Free Initial Consultation with an SB 1437 Attorney in Escondido CA?
Why wait to find out what your options are? The good news is that it is simple to get help: Just contact Chambers Law Firm at 714-760-4088. We will begin the process with a free legal consultation. We can cover the basics of your case and let you know if it is likely you or your loved one is eligible for a resentencing. Do not wait to call – reach out today.