PC 1170.95 – Resentencing on Felony Murder in California

Penal Code 1170.95 was enacted through Senate Bill 1437 to restrict California’s felony murder rule, which previously allowed individuals to be held liable for murder even if they were not the actual killer or did not intend for a death to occur. This statute represents a significant change in the legal approach to accomplice liability in serious crimes.

The law provides qualifying inmates the opportunity to petition the court to have their murder conviction reduced to a lesser offense or potentially vacated entirely. However, the petitioner bears the burden of demonstrating that their case meets the criteria established under the new legal framework.

To qualify under PC 1170.95, you must meet all three of the following:

1. You were convicted of felony murder or murder under the natural and probable consequences doctrine.

2. You weren’t the actual killer.

3. You didn’t act with intent to kill or assist in the killing.

If all apply, you may be eligible to file a resentencing petition and work with a Los Angeles criminal defense lawyer to present your case effectively.

Before the enactment of Penal Code 1170.95, individuals could be convicted of murder solely based on their involvement in a felony during which a death occurred, even if they were not physically present at the scene of the killing. PC 1170.95 significantly narrowed this rule by requiring the prosecution to prove beyond a reasonable doubt that the defendant either directly caused the death, acted with the intent to kill, or was a major participant in the underlying felony who acted with reckless indifference to human life.

This legislative change provides many incarcerated individuals convicted under the previous broader felony murder doctrine a legitimate opportunity to seek resentencing or reduced charges under the new, more restrictive standards.

The law applies retroactively. This means that you can request a resentencing even if your conviction occurred years ago. It opens a previously closed door, especially for those who took plea bargains despite not having a fatal role in the crime, out of fear of receiving life sentences.

To start, you or your attorney submits a petition in the same court where the original conviction occurred. The form must include a declaration that you’re eligible under the new law, along with relevant case information.

The court considers the petition only after it is filed and decides whether to schedule a hearing. The prosecution will then have the burden of proving beyond a reasonable doubt that you are still eligible for a murder conviction under the current legislation during that hearing.

You’ll need to present court records, plea agreements, sentencing transcripts, and any other documentation that shows your role in the underlying felony. Working with a skilled Los Angeles criminal defense lawyer makes sure that every detail is shown clearly, with strategic framing that puts your case in the best possible light.

Prosecutors often argue that the petitioner doesn’t qualify for resentencing. Your defense lawyer’s job is to challenge those claims, sometimes by cross-examining witnesses, other times by reinterpreting the facts under the new law.

You must show that your conviction no longer satisfies the requirements of the new felony murder rule to win. This includes proving that you were not the murderer, that you did not assist in the killing, or that you did not act carelessly. It’s about strategic legal storytelling supported by facts, not just paperwork.

A Los Angeles criminal defense lawyer does more than file paperwork. They defend your rights, prepare arguments, present evidence, and assist you during hearings. Their knowledge could make or break your case, particularly if you are interacting with prosecutors who vigorously oppose resentencing petitions.

DCD LAW has handled complex PC 1170.95 petitions from start to finish. Our team is trained to identify eligibility, prepare strong petitions, and present compelling evidence at hearings.

Every case is different, and we don’t rely on templates. Our approach is to thoroughly examine the details of your case and develop a customized strategy tailored to your specific situation. This improves your odds of a favorable decision, whether resentencing or full dismissal.

DCD LAW stands out because we focus on long-term impact. We know that resentencing under PC 1170.95 isn’t just about reducing jail time but getting a second chance. At DCD LAW, you’ll get personal attention, deep legal insight, and aggressive advocacy every step of the way.