Resentencing Your Crime? SB 775

Previously the law authorized a person who was convicted of felony murder or murder under the natural and probable consequences theory to file a petition for the court to vacate the person’s sentence and resentence them. In essence, that means that people convicted of the beforementioned crimes had an opportunity for their sentences to be changed, and possibly reduced, through petition.

However, as of September 2021, Senate Bill 775 (SB 775) has the ability to stretch the law’s power to allow people convicted of attempted murder or manslaughter to get sentence reduction. More specifically, it applies to anyone convicted of manslaughter under the theory of felony murder or murder under the natural and probable consequences doctrine.

SB 775 also requires that the court find a prima facie (accepted as correct until proved otherwise) showing has been made that the person who was convicted, you, falls within the resentencing provisions unless they fail to show that they meet the requirements. This means that your request to the court for resentencing should clearly state your qualifications. If you fail to make this showing, the court may seek additional information, resulting in delay, or deny your request.

What does all of this add up to? A chance at seeing your loved ones sooner. If you are eligible for resentencing and want it done as soon as possible, it is still best to hire an attorney to get the job done quickly and efficiently.