A murder conviction has severe penalties. Depending on the facts of your case, you could face life imprisonment or even a death sentence. The good news is that under certain circumstances, you can evade the consequences of a murder conviction. You can file a petition to have a murder conviction removed from your criminal record. If you or a loved one is convicted of murder under PC 187, the California Criminal Lawyer Group can help. Our experienced attorneys have a deep understanding of California criminal law. We can help you in filing a petition to vacate a murder conviction in Fresno.

Petition To Vacate Murder Conviction Explained

As outlined by the California Penal Code 1170.95 PC, a petition to vacate a murder conviction allows eligible persons to petition the court. You can request for a re-sentencing or vacation of your murder conviction. Under California's old felony murder rule, if you engaged in a felonious act and someone died in the process, you would face murder charges. The charges would apply even if you did not intend to kill the victim or you only played a minor role in the offense. You would be convicted of murder even if you did not kill the victim directly.

On September 30, 2018, Jerry Brown, the then-California Governor, signed Senate Bill 1437, which significantly changed California's laws on felony murders. If you were sentenced or convicted of felony murder, you can submit a Motion for Re-sentencing, abbreviated as MFR. You can request the judge to modify or change your sentence in the motion. For example, you can request to reduce your sentence to amend your sentencing conditions. The judge can approve the motion for re-sentencing or fail to approve it. Other possible outcomes include amendment, revocation, or postponement of the sentence.

You can file a motion for re-sentencing after your original sentencing, provided you have reasonable grounds for filing the petition. Sometimes, the court can amend your sentence right away. For example, the court can amend your sentence immediately if a clerical error occurred during your sentencing. The court can also amend your sentence if it was illegal or if the court made a judicial error when making the sentence.

The rationale behind a petition to vacate a murder conviction is to ensure that a sentence is just and suits the defendant's liability. This law is particularly beneficial for people facing murder charges, yet they are not the victim's actual killer. Filing this petition can help you avoid a lengthy or life imprisonment. A petition to vacate a murder conviction can also help lower prison overcrowding.

Eligibility For Petition To Vacate Murder Conviction

You must satisfy certain conditions to be eligible to file a petition for re-sentencing. You can file the petition if your conviction falls under the natural and probable consequences theory or felony murder rule. However, if you are the actual killer, you cannot file a petition to vacate the murder conviction. It must be evident that you did not kill the victim, but you were only an accomplice in the killing. You could have assisted the actual killer in committing a crime, but you did not kill the victim.

The Provisions Of Senate Bill 1437

Senate Bill 1437 was signed into law in 2018. It transformed the law regarding felony murder. Since the bill is retroactive, it also applies to the defendants who were convicted of murder before the passage of the bill. Therefore, if you were convicted of murder before the bill took effect, you can file a petition under the new law.

Filing a petition can offer redemption and reduce your previous sentencing. Under the SB 1437, you are eligible to file a petition if:

  • Your charge sheet indicates that you were charged under the probable consequence theory or that the prosecutor presented your offense as felony murder
  • There is evidence of a conviction of first or second-degree murder. You could also have accepted a plea offer instead of a trial.
  • The court would not have convicted you of first or second-degree murder under the provisions of the new law after the passage of SB 1437

Old Felony Murder Rule In California

Under the old felony murder rule, it did not matter whether a defendant intended to kill the victim or not. Murder charges would apply even if a victim did not act with malice aforethought. You could face murder charges just because someone died in the commission of a felony. Charges would apply even if:

  • You had no intention of killing the victim
  • You were not aware that a homicide occurred
  • The victim's killing was accidental

This law only sought to prove that you committed a felony and someone died in the process.

The New Felony Murder Rule

Unlike the old statute, the new felony murder law demands more evidence of the offender's intent to kill. To be convicted of a first- or second-degree murder, you must act with malice, and it must be evident that you had an intent to kill. Malice can also imply that provocation occurred, leading to the murder. The act should demonstrate a perpetrator's malignant nature and disregard for human life.

You can face a murder conviction under felony rule if you commit or attempt to commit an unlawful act that results in the loss of someone's life. The prosecution does not have to prove that the accused committed the felony murder with malice. Instead, the law assumes malice because the offender committed a felony that resulted in the victim's death.

If the crime leading to death includes mayhem, kidnapping, arson, carjacking, burglary, or other acts of torture, the offense is classified as first-degree murder. Felony murder is classified as second-degree if the victim dies as a result of any act besides torture.

Under the new murder rule, you can be convicted of murder if you kill a victim. You could also face a murder conviction if you knew about another person's intention to kill and you assisted them in killing the victim. You can be guilty of second-degree murder under the natural and probable rule if you intend to commit another crime that could result in loss of life, but you did not directly kill the victim. To be guilty, the crime you aided must be a felony.

Filing The Actual Petition

The first step towards having your murder conviction vacated as per 1170.95 PC is filing a petition. You must file a petition to the court that convicted you. In the petition, you should explain why your conviction is null and void under the provisions of SB 1437. You must then give a copy of the petition to the prosecutor. If the judge who handled your case is unavailable, the court will appoint an alternative judge to handle your petition. A petition to vacate a murder conviction should contain the following information:

  • Your case number and the year of your conviction
  • An affirmation that you meet all the eligibility requirements for relief outlined under PC 1170.95
  • Whether you want the court to appoint an attorney for you

The judge can deny your petition due to missing or unverifiable information. The judge will inform you that your petition cannot be processed without the required information. However, even if the judge rejects your initial petition, you can still re-petition after gathering the necessary information.

If the judge examines your petition and establishes your eligibility, the petition will proceed to trial. The judge will let the prosecutor file their response to your petition, and your attorney will submit a rejoinder. The judge will use their discretion to determine whether your case should be subject to a court proceeding. The prosecution and the defense will base their arguments on your murder conviction record.

The prosecutor should support your conviction beyond a reasonable doubt. If the prosecutor does not convince the court that the conviction should hold, the court can establish that you are not guilty under the new law. The court can vacate your murder conviction and re-sentence you. In case of a re-sentencing, you will receive credit for the sentence you have already served. If the court decides you have no charges against you, the judge will order your immediate release. You will need the legal representation of an experienced attorney to win your petition.

The Burden Of Proof In A Petition To Vacate Murder Conviction

A burden of proof is a party's obligation to substantiate a claim. This means that one party must prove a case, while the other does not have to prove anything. Regarding a petition to vacate a murder conviction, the burden of proof is on the prosecution. The court will require the prosecutor to prove beyond a reasonable doubt why the judge should not vacate the conviction. Proof beyond a reasonable doubt is the highest standard of proof applicable to criminal cases. Other standards of proof are a preponderance of evidence and clear and convincing evidence.

The Applicable Timelines

When you file a petition to vacate a conviction, the prosecutor must respond to the petition within sixty days from the date of receiving the petition papers. You and your attorney must file your rejoinder within thirty days after the prosecutor responds. If you or your prosecutor show good cause, the court can extend the response filing deadline. Upon issuing an order to show cause, the judge schedules a court hearing within sixty days. During this hearing, the judge will determine whether to vacate your conviction or opt for resentencing.

Sometimes, the defendant can agree to request that the prosecutor do away with the hearing. This can happen if the judge establishes that you did not play the main role in the murder or that you had no wanton disregard for human life.

During petition proceedings, the prosecutor seeks to prove that you did not meet the conditions for re-sentencing or to have your conviction vacated. If the prosecutor fails to prove this, the judge will re-sentence you or vacate your murder conviction. During the petition, the prosecutor and the defendant can refer to the trial or hearing transcripts or submit new evidence.

The Difference Between A Petition To Vacate Murder Conviction And Motion To Vacate Criminal Judgment

A motion to vacate a criminal judgment required the court to overturn a past judgment or order. Then, the California governor signed Assembly Bill 2867 into law on September 27, 2018. The role of the bill was to offer relief for criminal offenses. Under AB 2867, the court can withdraw a criminal verdict provided there is sufficient evidence of a significant error. The error should have interfered with your right to be fairly charged with a crime.

Initially, Assembly Bill 2867 sought to amend PC 1473.7 statute on criminal convictions. Under AB 2867, a person convicted of murder cannot apply for withdrawal of a verdict. This is the main difference between a petition to vacate a murder conviction and a motion to vacate a criminal judgment.

A motion is an oral or written application presented before a judge seeking an order or verdict in an ongoing case. On the other hand, a petition is a written request that initiates a proceeding. Instead of filing a motion seeking to vacate a murder conviction, you petition the court to vacate your conviction. A petition is a request for relief or privilege.

Why You Need An Attorney When Filing A Petition To Vacate Murder Conviction

It is not mandatory to hire an attorney when filing a petition to vacate a murder conviction. However, working with an experienced attorney is better than going it alone. Here are some reasons to hire an attorney:

Interpret Intricate Laws

The law is intricate and has many facets that can be hard to comprehend. It is challenging to convince the judge that you deserve re-sentencing after a murder conviction. Without the help of an attorney, it can be challenging even to file the initial request. An attorney knows the legal process and can help you navigate your way to freedom. An attorney handles numerous cases daily, which equips them with vast experience. An attorney has probably handled numerous petitions to vacate murder convictions and thus understands how to convince the judge.

Legal Counsel

Facing a murder conviction is agonizing enough. With this weight on your shoulders, presenting your case and convincing the judge that you need re-sentencing can be challenging. An attorney will take this responsibility off your shoulders and negotiate the best outcome for you.

An Attorney Understands The Legal Procedure

When filing a petition, the petitioner must provide certain information, like the case number and other details. Failing to provide the necessary information can cause the judge to deny your petition. An attorney compiles and presents all the crucial facts of your case. By helping you gather the required information, an attorney increases the chances of approving the petition.

Faces The Prosecutor On Your Behalf

If your case goes to a sentencing hearing, the prosecutor will strive to prove that you do not qualify for re-sentencing. It can be intimidating to face and negotiate with the prosecutor in court. However, an attorney can face the prosecutor and convince the judge to reduce your sentence.

Challenging The Evidence Against You

At the re-sentencing hearing, the defendant and the prosecutor can present evidence. They can use the evidence provided in the previous case or present new evidence. Your attorney will help you gather new evidence for your case or restate the existing evidence to convince the court to give you a second chance. Your attorney will also challenge the evidence the prosecutor presents against you.

It can be challenging to gather fresh evidence since you do not have legal training. If you go it alone, the evidence you present could contradict your previous statements. An attorney can help you determine the viability of new evidence before you present it in court.

Alternative Post-conviction Remedies For Murder

A petition for vacation of a murder conviction is a recent relief option following a conviction in California. Other options include requesting a sentence reduction, a governor's pardon, a court recall, and appealing a murder sentence.

Petition For Sentence Reduction

Besides filing a petition for a vacation of a murder conviction, you can also file a petition under Senate Bill 1437 requesting the court to reduce your murder sentence. You have to file the petition with the prosecuting agency or sentencing court. Your petition must include a declaration indicating you qualify for a sentence reduction. The eligibility conditions for a sentence reduction are similar to those for a petition to vacate a murder conviction. A court hearing will be scheduled after the judge decides you are eligible. During the hearing, the prosecutor will strive to prove that you do not deserve a sentence reduction. The prosecutor must prove beyond a reasonable doubt that you do not qualify to have your sentence reduced. If the prosecutor does not provide sufficient proof, the court will proceed to reduce your sentence.

Governor's Pardon

A governor's pardon is a type of honor or relief that the governor grants defendants who have undergone rehabilitation for an offense. A governor's pardon can relieve you of most of the penalties of a conviction. Any person convicted of a criminal offense, including murder, can apply for a governor's pardon. The time frame for applying for a governor's pardon is seven to ten years after completing probation or parole.

What is the difference between a petition to vacate a murder conviction and a governor's parole?

When the court grants your petition to vacate a conviction, the conviction will not count as a previous offense in the case of a subsequent conviction of a similar offense. For a governor's pardon, the conviction will still reflect on your criminal record. It will be counted as a previous conviction if you commit a subsequent similar offense. You can apply for a governor's pardon at least seven years after completing probation or parole. In addition, you should not have committed another serious crime after probation.

When applying for a governor's pardon, you can file a request at the governor's office. You can also apply for a pardon by submitting a Certificate of Rehabilitation, abbreviated as COR, to a superior court. Alternatively, the Board of Parole Hearings can also recommend you for a governor's pardon. Usually, the most effective way of obtaining a governor's pardon is by applying directly to the governor's office.

Court Recall

The judge can recall your criminal conviction within 120 days after sentencing. In this case, you do not have to file a motion for re-sentencing. After recalling your sentence, the judge issues you a directive for fresh sentencing. The new sentence is usually shorter than the previous sentence. They will consider several factors before recalling your sentence:

  • Your rehabilitation records
  • Your interest in seeking justice
  • Whether you pose a risk to society
  • The likelihood that you will commit a subsequent violent offense in the future

Appealing Your Murder Sentence

When the court delivers a judgment for a murder conviction, you can appeal the judgment to a higher-ranking court of higher ranking. The appeal process does not include providing new evidence. Also, the appeal process does not involve presenting witness statements or trying the case again. In California, two distinct courts handle the appeal process. The appellate court handles appeals for misdemeanor offenses, while the Court of Appeal handles appeals for felony offenses like murder.

The defendant appealing a case is an appellant, while the opposing party is the respondent. During the appeal process, the Court of Appeal examines the lower-ranking court's proceedings and judicial judgment and looks for legal errors. If you intend to appeal a sentence, you have 60 days from the sentencing date to present a Notice of Appeal. The appeal process is lengthier and more intricate than filing a petition for vacation of a murder conviction.

Find An Experienced Attorney Near Me

Filing a petition to vacate a murder conviction and convincing the court to grant the petition is intricate. You need an experienced attorney who understands the legal process. At the California Criminal Lawyer Group, we have experienced attorneys who fully understand petition matters. We will guide you through filing a petition and seek the best possible outcome for your case. We are the go-to criminal attorneys in Fresno. Contact us at 559-712-8377 to speak to one of our attorneys.