Barhoma Law, P.C., a California Criminal Appeals law firm, has been following Senate Bill 775 closely. Senate Bill 775 passed the senate and the assembly this month, on September 10, 2021. It has been passed off to Governor Newsom for final signature. If signed, this bill will help reduce the sentence of those convicted of attempted murder and manslaughter, if they meet the SB 775 criteria.
Most notably, SB 775 is retroactive, meaning, you can apply this new law to your case, despite your case being final. Previously, SB 1437 changed the felony murder rule. Under SB 1437, those convicted under the natural and probable consequences doctrine were able to petition the court to re-examine their case. More specifically, per SB 1437, if an accused did not: (1) act with reckless indifference to human life, or (2) was not a major participant to homicide, they were able to petition for re-sentencing. Attorney Matthew Barhoma, founder of Barhoma Law, P.C. was successful multiple times under this law, giving back his clients a second chance at life.
However, SB 1437 only applied to those convicted of homicide. As such, it did not apply to those convicted of lesser offenses, such as attempted murder or manslaughter. Even worse, the SB 1437 criteria left out those who were facing homicide charges, but decided to comply with the District Attorney’s office during their prosecution by accepting a plea deal for a lesser offense.
Now, under SB 775, which may very likely become law in the next couple of days, there is hope for those convicted of attempted murder and manslaughter offenses to get re-sentenced, if they meet the right criteria.
Ways to Win under SB 775 and How a Renowned Criminal Appeals Team can Help
Crafting a strong petition is essential to being able to get back in court. As such, retaining a skilled attorney is highly recommended. From there, you will have to establish prima facia, which is to say a colorable claim upon the first impression. Once the court determines you have met the prima facie phase, it will issue an Order to Show Cause (OSC), which is an evidentiary hearing. Given the complexity and the skill required to be successful, it is highly recommended that you consult with a California Criminal Appeals lawyer.
If you feel you may have case that meets the criteria of SB 775, contact us today to consult. You can contact one of our Los Angeles Criminal Appeals attorneys by calling 213-800-7664 or by submitting a contact form here.