SB 1437 Limit on Felony Murder

Los Angeles Criminal Defense Lawyer Explains SB 1473 and California's New Felony Murder Rule

Major Changes to California's Felony Murder Rule

One of the more controversial topics in criminal law is the Felony Murder Rule.  Generally, people consider murder to mean an intentional killing, and understand unintentional killings to be a lesser crime, manslaughter.  And while this generalization often holds true, it misses some key analysis.  An unintentional killing can be murder in the second degree when the defendant undertakes conduct that is so dangerous to human life that death or serious bodily harm are reasonably likely to occur.  Murders of this kind are often called "depraved heart" or "wanton disregard" killings, and cover activities like driving a car on a playground or shooting a gun with no intention of harming anyone.  These actions, although not intended to kill, are so dangerous, that a person may be deemed guilty of murder if a death results. 

Another theory upon which unintentional killings may be charged as murder is the Felony Murder Rule.  In Felony Murder cases, it has traditionally been enough for the prosecution to prove that a person is guilty of certain underlying violent felonies, and that a death resulted, to charge a person with murder.  For example, if a person sets a building on fire with intent to burn the building down accidentally kills someone, they can be charged with murder.  What's more, co-conspirators to a felony crime can be charged with murder for killings committed by other members of the conspiracy.  This has been perhaps the most controversial part of a law that imputes intentional killing punishment on individuals who never intended to kill anyone.  A common example of this application would be a robbery committed by multiple people, where one of the robbers shoots and kills someone.  Traditionally, all participants in the robbery, even a getaway driver, would be charged with murder, and face a life sentence.  GOOD NEWS!  CALIFORNIA HAS REFORMED THIS LAW!

In September 2018, California's Governor approved Senate Bill 1437, reforming the application of California's felony murder rule.  Under the new law, a co-conspirator who was not the actual killer may only be found guilty of murder if they had an intent to kill and aided the actual killer in the killing, not merely by aiding in the underlying crime, or was a major participant in the underlying felony crime and acted with reckless indifference to human life.  Going back to the getaway driver in the robbery example, this means that the getaway driver very likely cannot be charged with murder for a death they had no intention of causing.  Liability for the underlying crime, as well as for manslaughter likely remain, but participants in violent felonies are not likely to receive a life sentence for another person's murder.  This is a groundbreaking change in a law that has offended justice in California for a long time, and remains the law of most jurisdictions in the United States.

In addition to protecting non-major participants in a felony from being charged with murder today, SB 1437 is retroactive, and can be used to require the re-sentencing and release of Californians currently serving life sentences under the felony murder rule.  Many people serving life sentences were convicted under a felony murder theory, and may be eligible to have their murder convictions vacated pursuant to this change in the law.  Whether SB 1437 will require a murder conviction and sentence to be vacated is a fact-specific inquiry, which may require a thorough analysis of a case.  If a close friend or family member has been convicted of murder for the actions of another person, SB 1437 may require their release and/or re-sentencing.  Contact us today to find out more.

Prosecutions for violent crimes, especially in the cases where a person has died are handled by experienced prosecutors who see their job as securing the most serious punishment possible for those charged.  Even in light of a favorable change in the law, felony murder prosecutions against co-conspirators remain, and such convictions do still occur under the modified Felony Murder Rule or even under the wanton and reckless disregard theory of second degree murder.  If you or a loved on has been charged with a homicide, or may have been involved in the commission of a violent felony where someone died, you will need a skilled, dedicated criminal defense attorney on your side to fight for your freedom.

CONTACT THE LAW OFFICES OF NICHOLAS LONCAR NOW FOR A
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Full Text of SB 1437
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By Nicholas Loncar

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