Being accused or charged with murder can be overwhelming and stressful. Considering how harsh murder laws are, you need to do your best to secure a dismissal of the alleged charge or a lighter sentence. Unfortunately, if the court convicts you of a murder charge, you could face harsh penalties, including up to twenty-five years to life behind bars. 

Fortunately, there are a few instances under which you could avoid these harsh penalties. For example, you can avoid the detrimental consequences of a conviction by securing an expungement under Penal Code 1203.4.

Unfortunately, laws on post-conviction matters are complex, and the process of having your murder conviction vacated can be intricate. If you have a murder conviction, our attorneys at Monterey Criminal Attorney can help provide the legal representation and guidance you need to secure a favorable outcome.

How to Vacate a Judgment Under PC 1018

PC 1018 allows you to file a motion requesting the court to withdraw a plea of no contest or guilty. As long as your attorney has sufficient evidence to prove good cause and he/she submits your motion within six (6) months of your probation or before your sentence, the court could allow you to substitute your “no contest” or “guilty” plea with a “not guilty” plea.

However, before filing a PC 1018 petition, your attorney will prepare evidence to prove “good cause.” Below are some of the legal grounds that could show the court you have probable cause to submit a PC 1018 petition:

  1. You Did Not Understand the Legal Consequences of Your Plea Choice

One of the common reasons why many people file a PC 1018 is a lack of proper understanding of the repercussions of their plea choices. When you enter a “guilty” or “no contest” plea and later realize there are unanticipated consequences of these plea choices, the court could allow you to withdraw a plea once you file a PC 1018 petition.

Examples of consequences you could be unaware of when entering a plea of “guilty” or “no contest” are that your sentencing could attract mandatory jail time. Other consequences you could be unaware of when entering your plea choice are the possible effects of the plea on your immigration status and professional licenses.

If your attorney can prove you were unaware of these possible consequences when entering your plea choice, the court could allow you to withdraw your plea once you file a PC 1018 petition.

  1. You Did Not Have an Attorney When Taking Your Plea

Lack of an attorney's presence when taking your plea choice is another viable legal ground that can help prove good cause once you file a PC 1018 petition. When you are under investigation or arrest, you have a constitutional right to have an attorney represent you in court. If you are indigent and cannot afford an attorney, the court should appoint a public defender to represent you during your arraignment.

If you had no legal assistance when taking your plea due to the lack of an attorney, the court could allow you to withdraw a plea once you file a PC 1018 petition. However, you must prove that you did not take your plea freely, knowingly, or intelligently due to the lack of an attorney's legal guidance.

  1. You had an Unqualified or Incompetent Attorney When Taking Your Plea

You have a legal right to legal representation by a qualified and competent attorney. If your current attorney can prove that your previous attorney failed to investigate your murder case or inform you of the possible consequences of your plea choice, the court could grant your PC 1018 petition.

  1. The Police or the Prosecutor Coerced or Threatened You into Taking the Plea

When entering your plea choice after an arrest as a suspect in a murder offense or any other offense, you should do so willingly. If the police, a prosecutor, or any other person coerced or threatened you to enter a “guilty” plea, the court could allow you to withdraw the judgment or plea under PC 1018.

Ensure you have a competent and well-qualified attorney on your side to help you prepare and file your PC 1018 petition for the best possible outcome.

Felony Murder Meaning Under Senate Bill (SB) 1437

The enactment of SB 1437 is a game-changer in how the court treats felony murder cases. According to PC 187, you commit a murder offense when you kill a fetus or another person with malice aforethought. Malice aforethought under this statute means you portrayed disregard for other people’s lives, which exceeds ordinary negligence.

However, under the revised felony murder rule codified under PC 189, felony murder occurs when another person dies while you are engaging or attempting to engage in a felonious act. That is true even if you did not anticipate or foresee the killing of another person. However, to secure a conviction against you, the prosecutor must prove that the death occurred during the felonious act, with the time and location of the alleged killing.

Vacating a Murder Conviction Under Penal Code 1170.95

Previously, under Penal Code 1170.96, the prosecutor could file murder charges against you if you engaged in inherently dangerous activities that led to the death of another person. Whether or not you caused another person's death does not matter.

The prosecutor could secure a murder charge conviction against you under the previous felony murder rules if another person died during the commission of a felonious activity. That is true even if the following is true:

  • The killing of the person was accidental

  • You had no criminal intent to kill the person

  • You were unaware that a murder occurred

The only requirement the prosecutor would need to secure a felony murder charge conviction against you under the old felony murder law is evidence to show that:

  • You committed or assisted in the commission of felonious acts

  • Another person died during the act

Fortunately, this law has changed after the enactment of SB 1437, which was signed into law by former Governor Jerry Brown in 2018. SB 1437 changed the requirements for the prosecutor to secure a murder conviction against you. This law offers a person with a murder conviction a chance to petition the court to vacate his/her murder conviction.

PC 1170.95 sets procedural steps for filing petitions to vacate felony murder convictions. The primary goal of enacting this bill is to enhance fairness and transparency in how the court handles criminal sentences. SB 1437 ensures that a criminal conviction equals a defendant's liability. The enactment of this bill also helps lessen the overcrowding in jails and prisons. Generally, this law

Eligibility Requirements for SB 1437 Relief

You can file a petition for resentencing if you are serving a sentence for a felony murder. However, not every person qualifies for SB 1437 relief. If you want to file a petition with the court requesting re-sentencing or vacation of your murder conviction, you have to meet two vital conditions to ensure you are eligible. In a nutshell, your conviction must be a result or consequence of liability under any of the following:

Felony Murder Law

You could qualify for SB 1437 relief if the court cannot convict you of a murder offense under the guidelines of the current felony murder laws. The new felony murder rule only applies if:

  • You killed someone else while committing a felony or attempting to commit a felony

  • You played an essential role in the murder

  • The victim of the offense was a peace officer engaging in his/her duties

Probable and Natural Consequences (NPC)

According to the NPC legal theory, the court can convict you of felony first- or second-degree murder if any of the following is true:

  • You assisted or aided in the commission of a felony (target crime)

  • When committing the felonious act, your co-participant or another person committed murder

  • Under those circumstances, the killing was a probable or possible outcome of your felonious or unlawful acts

Being a co-participant in a crime means you assisted or aided in committing a crime. The court will consider various facts and aspects of the case when determining whether the killing was a possible consequence or outcome of your felonious acts.

Conditions for Petitioning the Court for Re-sentencing Under SB 1437

After a conviction for a felony murder offense under the felony murder rule or NPC theory, you can file a petition for resentencing or vacation of your murder conviction. However, you must meet the following requirements to submit your petition successfully:

  • Your charge sheet authorized the prosecution team to proceed with the case under the felony murder or NPC theory

  • You entered a plea offer instead of going to trial, or the court convicted you of second or first-degree murder through a trial

  • The court cannot convict or sentence you for a first- or second-degree murder after the implementation of SB 1437

How to Appeal Your Sentence Under SB 1437

The petition for a resentencing or vacation of a murder conviction involves two main steps as described below:

The Petition

To secure SB 1437 relief, you must file a petition with the prosecuting agency and the court where your murder conviction or sentencing occurred. Your petition papers must contain the information listed below:

  • A declaration form that shows you are an excellent candidate for relief or consideration under PC 1170.85/SB 1437.

  • The year the court convicted you and your unique case number

  • Whether you need the court to appoint a legal counsel for the case

The court could deny the application if your petition does not include this crucial information. However, even when that happens, you can resubmit your petition once all the information is available. Within thirty (30) days of receiving the petition, the prosecutor must submit it to the court and respond to you.

Once the prosecutor gives you a response, you will have no more than thirty (30) days to react to the response. However, the court could agree to extend this response period once you show good cause. When the judge reviews your petition and finds you eligible for SB 1437 relief, he/she will schedule a resentencing hearing.

The Hearing

During this hearing, the prosecutor bears the legal burden of proving with sufficient evidence that you do not qualify for SB 1437 relief. When the prosecutor fails to provide evidence to prove your ineligibility, the court will likely vacate your murder conviction and sentence you on the outstanding counts.

During this hearing, the prosecution team and your attorney can rely on the trial transcripts or can re-introduce new evidence on the case. Ultimately, the judge will make the final decision on the new sentence. If the judge resentences you, he/she will credit you for your time behind bars. He/she could also order a supervised probation for not more than three (3) years.

The Role of an Attorney When Petitioning the Court to Vacate Your Murder Conviction

While you can submit your SB 1437 petition alone, doing so is not wise. When petitioning the court to vacate your or a loved one’s murder conviction, working with an attorney is a decision you cannot regret. Below are some of the convincing reasons to hire an attorney when seeking SB 1437 relief:

He/she understands the Complexities of the Law

Generally speaking, the law is a complex area with several facets and legal jargon, which could be difficult to comprehend. Without a legal representative, it could be challenging to prove to the judge that you qualify to have your murder conviction vacated. Preparing your SB 1437 petition and filing it could even be more challenging without the legal assistance of a qualified attorney.

Having a competent and experienced attorney in your corner when seeking SB 1437 relief could increase your odds of securing a favorable outcome.

He/she Will Offer You Legal Guidance

Facing a murder conviction can be overwhelming and stressful. However, you do not have to go through this process alone. Hiring an attorney who can offer legal guidance and negotiate with the court and the prosecutor on your behalf to prove that you are an excellent candidate for the SB 1437 relief is paramount.

He/she Will Understand the Legal Process

As mentioned in the previous paragraph, when submitting your SB 1437 petition, you must meet specific legal requirements and provide various information, including your case number and other details. Failure or omission of any required information could make the court deny your application for SB 1437 relief.

However, these mistakes are avoidable if you have a seasoned attorney. Your attorney will gather, compile, and present the necessary information you need when filing your SB 1437 petition. Gathering and knowing which information is needed could be challenging without an attorney with experience handling similar matters.

He/she Will Negotiate With and Face the Prosecutor

When the court schedules your case for a hearing, the prosecutor's job will be to prove to the judge that you do not qualify for relief under SB 1437/PC 1170.85. However, you do not need to worry about that if you have a skilled attorney. A competent attorney can help level the playing field and help convince the court that you deserve relief from your murder conviction or a resentencing.

He/she Will Challenge the Evidence the Prosecutor Has Against You

During your petition hearing, the prosecutor and your attorney will have a chance to present their evidence. The prosecutor will present evidence on your previous conviction or new evidence that shows you do not deserve the SB 1437 relief. On the other hand, your attorney will present evidence that can prove to the court you are an excellent candidate for the SB 1437 relief.

Since not every evidence the prosecutor has against you is lawful and deserving, pointing out these inconsistencies and lapses without an attorney could be challenging, decreasing your odds of securing a favorable outcome.

When the prosecutor presents contradictory or unlawful evidence against you during the resentencing hearing, your attorney will quickly notice and challenge the mismatch to secure a desirable outcome.

Other Possible Post-Conviction Relief Options for a Murder Charge Conviction

The latest post-conviction relief option for murder is the petition to have a murder conviction vacated. However, there are other post-conviction relief options you can consider to avoid the detrimental consequences of a conviction. Examples of these post-conviction relief options include the following:

Petition for a Sentence Reduction

In addition to seeking a vacation of your murder conviction, SB 1423 also permits filing a sentence reduction petition. Murder is indeed one of the most serious and life-changing charges you can face under the Penal Code.

However, after conviction, you can have your sentence reduced by filing a sentence reduction petition with the court where your sentencing occurred and serving a copy of your petition documents to the prosecution agency of that particular court. In your murder sentence reduction petition, you should declare that you are eligible for this post-conviction relief option.

According to SB 1437, the eligibility requirements for securing a sentence reduction or vacation of the murder conviction are similar. When the court finds that you are an excellent candidate for this post-conviction relief option, it will schedule a hearing. The prosecution team’s main job during this court proceeding is to prove to the judge that you are ineligible to have your sentence reduced.

If the prosecutor cannot prove that beyond a reasonable doubt, the court will grant the petition for a reduced sentence on your murder conviction.

Court Recall

Within 120 days of your sentencing, the court can recall your conviction without having to file a petition for vacation or resentencing under SB 1437. If the court recalls your conviction, it will order a resentencing, and the sentence you will receive should not be stricter than your previous sentence. Some of the factors the judge will consider before recalling your sentence include the following:

  • Your disciplinary and rehabilitation history

  • Whether you are a threat to the public and the community

  • The chances of being involved in another criminal offense after serving your sentence

Filing an Appeal

If you are dissatisfied with the superior or trial court verdict on your murder case, you can file an appeal with the appellate court. However, on your appeal, the court will not allow you to introduce new evidence or testimony in your case. The work of the appellate court is to determine whether procedural mistakes occurred at the superior court. If you win your appeal case, the appeal court will do the following:

  • Reverse your original sentence of the trial (superior) court

  • Order another new trial on your murder case

  • Send the case back to the trial court to rectify its mistakes

Generally speaking, you have up to sixty (60) days from the date of your murder conviction to file an appeal on your case. You must comply with this deadline and all other guidelines for appealing a conviction. That means failing to do so could compromise your odds of securing a favorable outcome in your case.

Ensure you have an attorney during this process to increase your chances of securing a desirable outcome. Some of the legal grounds for appealing your murder conviction include the following:

  • Ineffective or a lack of legal assistance in your case

  • Procedural mistakes

  • Lack of substantial evidence in your case

Find a Criminal Defense Attorney Near Me

The consequences of a murder conviction can be life-changing, regardless of whether your offense is first-degree or second-degree. In addition to the lengthy jail times, a conviction for a murder offense will follow you even after serving the sentence, affecting several aspects of your life. However, being sentenced for a murder conviction is not where it ends for you.

You could qualify to have your murder conviction vacated under SB 1437. However, even if you are ineligible for SB 1437 relief, your attorney can explore other post-conviction relief options that can work in your favor, including a sentence reduction. We invite you to call our credible attorneys at Monterey Criminal Attorney at 831-574-1791 if you or a loved one has a murder conviction.

We will examine your case to help you determine whether you qualify to have your conviction vacated and be your legal voice during the entire process to secure a favorable outcome.