The stress and anxiety of facing criminal charges can be overwhelming. However, facing murder charges can be especially frightening, as your freedom and future suddenly become uncertain. When California passed Senate Bill 1437 in 2018, a considerable shift in charging and prosecuting murder charges occurred. Let’s take a look at how this legislative change affects murder charges in California and what steps you can take to defend your rights when facing a murder charge in Los Angeles County.
How SB 1437 Changed the Previous Law
Before California passed SB 1437, the law stated that any loss of life during the commission of a felony could be considered murder. Consequently, those involved in the offense would face first-degree murder charges, even if they had no intent to kill anyone. Once passed, SB 1437 revised the law to make a first-degree murder charge only possible in certain circumstances. For instance, if you intended to kill another person or encouraged another person to kill someone, you may face first-degree murder charges. You could also face first-degree murder charges if prosecutors show you were a “major participant” in the felonious act and that you acted with a “reckless indifference to human life.”
How SB 1437 Affects Resentencing in California
Those who were convicted before SB 1437 took effect in 2019 may appeal for resentencing, according to a ruling issued by the California Supreme Court in 2020. Additional clarification occurred in March 2021, when an appellate court ruled that legal action for resentencing must begin with the original trial court, not through the appellate court. The process for petitioning for relief can be complicated and challenging to navigate, so enlist the guidance of a skilled criminal defense attorney to ensure that you complete all the necessary steps.
How a Trusted Criminal Defense Lawyer Can Help
Whether you are struggling with a new felony murder charge or you are hoping to petition the court for resentencing under this new law, working with an experienced Los Angeles County criminal defense lawyer is your best option for obtaining your desired outcome. While facing criminal charges can be frightening, you do not have to go through this challenging time alone. Your attorney will answer your questions, address your concerns, and work hard to seek the best possible outcome given the specifics of your situation. Now is not the time to leave your future up to fate—contact a skilled attorney today to get started.
If you or a loved one is facing criminal charges in Los Angeles County, call Wegman & Levin today at (818) 980-4000 to arrange a free consultation with a knowledgeable criminal defense lawyer.
Michael M. Levin is an experienced attorney who has been in private practice as a criminal defense lawyer for over 25 years. He has conducted numerous jury trials in cases ranging from DUI to capital murder. Read More
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