The felony murder rule has been controversial since it was first implemented. While the law still stands, relatively recent changes to the law have been implemented to try and make the law fairer. You can keep reading to learn more about it and then contact Law Office of Michael L. Fell at (949) 585-9055 if you need more information about resentencing options for a person previously convicted under the felony murder rule.
How the Felony Murder Rule Has Changed
Before recent changes were made, a person can be charged with murder under the felony murder rule if they were involved in a dangerous felony and someone died during commission of that felony. It made no difference if the accused actually caused the death. Now, the law has changed so that it only applies to a person who actually killed the victim, actually helped to kill the victim, or acted recklessly with disregard to human life while committing a felony.
The Changes to the Law Are Retroactive
One of the most promising things about the changes to the law is that they are retroactive. This means that if someone is currently serving a sentence under the pervious felony murder rule laws, then they may be eligible to be resentenced. If the attempt is successful, it could result in a lesser sentence and / or an early release.
How to Apply for Resentencing
Not everyone is eligible to be resentenced. While we will go over the basics of how to apply for resentencing, our main recommendation is that you contact a criminal defense attorney who can help you navigate this potentially complicated process.
The first step is to request a hearing. At this hearing, we will argue that your actions do not fall under the updated laws regarding felony murder. We will argue that as a result, your murder conviction should be overturned. We will need to show that you did not actually kill anyone, did not directly aid in the killing of someone, and that you did not act with reckless disregard to human life while committing a felony.
The prosecutor will review the application and they will oppose it if they find reason to do so. In that case, your attorney will counter their arguments. In the end, it will be up to a judge to decide if your conviction should be thrown out and your sentence reduced.
You Need an Experienced Attorney
You only have one shot at resentencing. You need the most experienced attorney you can find. You need Law Office of Michael L. Fell. We are happy to offer a free case evaluation when you call (949) 585-9055 or send us an email at email@example.com. We can carefully consider your case and determine what your chances are. Contact us now to get started.