Understanding California's New Felony Murder Statute and What It Means for the Accused

California’s revised felony murder statute marks a significant shift in how justice is served under the law. For anyone facing felony murder charges in the state, it’s crucial to understand what has changed and how these updates may affect your case. This blog post will guide you through the nuances of the new statute, providing key insights into its real-world consequences and offering practical advice on navigating this complex legal terrain.

Our skilled criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.

What Is the Felony Murder Rule?

Before we examine the new statute, let's establish what the felony murder rule entails. Traditionally, felony murder charges could be brought against individuals involved in a felony (e.g., robbery or burglary) that resulted in a death—even if that individual did not directly cause or intend for the death to occur. This means you could be convicted of murder just for being a part of the felony during which someone else committed a fatal act.

What Has Changed? Understanding the New California Statute

California's criminal justice system undertook significant reform with Senate Bill 1437, effective January 1, 2019. This pivotal legislation narrows the conditions under which someone can be charged with felony murder.

Key Updates to the Felony Murder Statute:

1. Intentional Participation: To be convicted of felony murder under the revised statute, the accused must have:

• Directly killed someone during the course of a felony,
• Aided, abetted, or acted with intent to kill, OR
• Been a major participant in the felony and acted with reckless indifference to human life.

2. Resentencing Opportunities: Individuals previously convicted under the old felony murder rule now have the opportunity to petition the court for a resentencing hearing. If they meet certain criteria, they can have their murder convictions reduced or overturned entirely.

This reform aligns felony murder charges more closely with personal culpability, rather than collective guilt by association.

How These Changes Affect Accused Individuals

The stricter standards for felony murder charges are a game-changer, especially for those currently facing charges or convicted under the old rule. For example, if you were involved in a robbery but had no active role in causing harm or intending violence, you may no longer meet the criteria for a felony murder conviction.

For Those Facing Pending Charges

If you're currently facing felony murder charges, the prosecution now carries the burden of proving your direct involvement in the death or your intent to act recklessly with disregard for human life. This provides an opportunity to contest charges that may have seemed unchallengeable under the previous rule.

For Convicted Individuals

If you’ve already been convicted of felony murder, you're not without hope. Senate Bill 1437 allows eligible individuals to petition for resentencing. To qualify:

• You cannot have been the actual killer.
• You must not have aided or abetted with intent to kill.
• You must not have been a major participant in the felony who acted with reckless indifference to human life.

If these criteria apply to your case, you could potentially have your conviction reexamined and, in some cases, vacated.

Key Considerations for Accused Individuals

Several factors come into play when navigating the new felony murder statute, especially if you are currently accused or have a prior conviction. Here are essential points to consider:

1. Evidence of Your Role: Gather evidence with your criminal defense attorney to demonstrate your level of involvement in the underlying felony. For example, were you unaware of the violent intentions of others involved? This evidence may be crucial to challenging charges or petitioning for resentencing.
2. Legal Representation Matters: Changes to the felony murder statute require navigating complex legal waters. An experienced criminal defense attorney familiar with SB 1437 is essential to building a strong case or petition.
3. Deadlines for Petitions: While the law allows for resentencing petitions, specific procedures and deadlines may apply. Acting swiftly with strong legal counsel ensures you don’t miss your opportunity.

People V. Davis

Charome Davis was charged with murder and possession of a firearm by a felon. According to the Oakland Police, a witness identified as R.L. stated that she had overheard Davis and his accomplice planning to rob Rudy Henderson, Jr., and later saw them approach Henderson's car, with Davis holding a gun. R.L. also reported seeing Davis grab Henderson before hearing gunshots. Davis ultimately pleaded guilty to voluntary manslaughter and received a 21-year prison sentence. In April 2022, he filed a petition for resentencing under the revised felony murder statute, claiming he neither killed nor intended to kill and was not a major participant in the robbery. The prosecution opposed the petition, asserting that Davis was the actual killer based on the evidence. The trial court concluded that the prosecution had proven beyond a reasonable doubt that Davis was the actual killer and that he had been a major participant in the robbery, acting with reckless indifference to human life. The court denied the petition, and Davis appealed, arguing that R.L.'s testimony lacked substantial evidence since she did not witness the shooting.

The court upheld the denial of Davis's petition. A reversal based on insufficient evidence is only justified if there is no reasonable basis to support the verdict reached by the fact finder. Upon reviewing R.L.'s statements to law enforcement, the court acknowledged that it lacked authority to resolve questions of witness credibility or disputes over evidence. Considering the record, which indicated that Davis was armed, approached the car, physically assaulted the victim, and that the assault and gunfire occurred in quick succession, the court determined that the circumstantial evidence overwhelmingly supported the conclusion that Davis was the actual killer. Therefore, the court affirmed the order denying Davis's petition.

Practical Advice for Accused Individuals and Their Families

Navigating felony murder charges or resentencing hearings can be daunting. Here’s how you can act proactively:

• Seek Legal Counsel Immediately: If you’re charged under the current statute or seeking resentencing, hiring a defense attorney with experience in felony murder and SB 1437 cases is non-negotiable.

•  Educate Yourself: Knowledge is power. Familiarize yourself with your rights and the finer details of the new statute through conversations with your legal representation.
• Stay Organized: Collect all relevant documentation, including evidence of your role (or lack thereof) in the crime and any mitigating factors that apply to your case.

The Road Ahead for Felony Murder in California

California’s reformed felony murder statute represents a significant step toward fairness and accountability in the justice system. For individuals accused of felony murder, the pathway to justice now emphasizes personal responsibility rather than blanket culpability.

If you or a loved one are impacted by these changes, now is the time to act. Consult with an experienced attorney or reach out to organizations offering resources and support for those navigating Senate Bill 1437. Justice is evolving—make sure you’re equipped to pursue the best possible outcome in your case.

Contact Wallin & Klarich Today  

If you are facing felony murder charges or have been charged under the old felony murder statute, you need to contact our aggressive attorneys at Wallin & Klarich immediately. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients avoid criminal convictions and kept them free from serving prison or jail sentences. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

Wallin & Klarich has offices throughout Southern California including Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Also, our law firm can handle many types of criminal cases statewide.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.