Senate Bill 1437
This has to do with people who have been convicted, and it's even starting to seep into new cases that are being filed or are in the process of being filed as murder cases in Los Angeles County, where people were involved in a felony.
For example, they decided to rob a Seven-11, and one person waited in the car. There was a shooting, and someone died inside the 7-11 store. Usually, in addition to the person being charged under the felony murder rule who went in the 7 11, also the person waiting in the car would be charged with murder.
The argument would be that it's a foreseeable consequence that when you rob a location with a gun, someone's going to get killed.
This new Assembly Bill, which was recently passed, basically allowed prosecutors to prosecute people who didn't even know anybody was going to be killed and didn't have anything to do with the killing.
So, now, under the new law, a person can be convicted of felony murder only if they're the actual person who killed somebody while they were committing a felony or they aided and abetted in the killing.
They had to have a hand in it, or they participated significantly in the killing. So, this cuts down who can be prosecuted for murder under California Penal Code 187, which, of course, is the highest crime known to man.
So, if you or a loved one is facing a murder charge and you're concerned about whether or not you should be charged with murder because you're not even charged with pulling the trigger in the murder, pick up the phone.
Could you give me a call? Let's discuss it and figure out exactly how we're going to handle it.
Retain a California Murder Defense Lawyer
I've been defending murder cases now for 26 years. I've handled countless murder cases. I can't even begin to count how many cases I've handled. I've negotiated them. I've taken them to trial. I've convinced the prosecutors to dismiss them. I've convinced the prosecutors not even to file them in the first place because people hire me pre-filing for their murder case.
This new Assembly Bill will be used not only for people who have been sentenced and are serving long sentences but also to help people currently facing charges.
For example, a situation where they really shouldn't be being charged with murder, and people in the future who might be accused of a murder charge in Los Angeles county when they're not the ones that pulled the trigger, stabbed somebody or were involved directly with the killing.
Now, it's much more reasonable, and for those serving long sentences, all kinds of things are being done to get these people out of custody now. They should have never been given such a long sentence in the first place because they're not the actual person who killed anybody.
So, this new Assembly Bill 1437 is mighty, and the old law needs to be fairer. The new law and the requirements the prosecutors have to prove are much more fair and reasonable.
So, if you or a loved one is being charged with murder and you're not the actual one that did the killing and they're trying to get you under the felony murder room and they're doing so impermissibly, pick up the phone. Make the call. Let me go to work on the case and do everything I can to help you.
