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.
SB 775 is retroactive, meaning, a petitioner can apply this new law to a case, despite it being final. Previously, SB 1437 changed the felony murder rule. Under SB 1437, those convicted per “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.
However, SB 1437 formally applied to those convicted of homicide. Formally, the law did not apply to those convicted of lesser offenses, such as attempted murder or manslaughter. 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, qualifying individuals may apply.
Does a Petitioner Need an Attorney
No. If a petitioner wishes to file on their own, they may. If a petition is appropriately filed, the court will appoint an attorney.
Ways to Win under SB 775 and How a Renowned Criminal Appeals Team can Help
If you feel you may have case that meets the criteria of SB 775, you should consult with an attorney. You can contact one of our Los Angeles Criminal Appeals attorneys by calling 213-800-7664 or by submitting a contact form here.