Those serving life sentences for murder based upon “felony murder” or “implied malice murder” may be entitled to “credit for time served” sentences.
Kids steal a car, the driver flees the police, someone’s hit and dies during the chase, and the 16-year-old backseat passenger goes down for life. That’s the way it was and the way it is for thousands of “backseat passengers” serving life sentences for murder in California.
As of the first of this year, that has changed: SB 1437 states, “This bill would require a principal in a crime to act with malice aforethought to be convicted of murder except when the person was a participant in the perpetration or attempted perpetration of a specified felony in which a death occurred and the person was the actual killer, was not the actual killer but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree, or the person was a major participant in the underlying felony and acted with reckless indifference to human life.”
Politicians love to shout, “Get Tough On Crime,” to rile the mob, get elected to their coveted positions, and deflect attention from the massive social injustice that leads to widespread crime in the first place. However, they sometimes get it right. Here, in California, they finally did!
To be eligible for resentencing, a prisoner needs to file a petition, and prosecutors will probably resist.
We can help you, or your loved one, out with one of these petitions that could result in a “credit for time served” sentence – in other words, a MIRACLE! Give us a call!