Gun Law Enhancements Can Result in Lengthy Sentences.
LET’S TALK CRIMINAL GUN ENHANCEMENTS (AB1509)
Under California gun laws, a sentence for a felony case can be “enhanced” if a gun was possessed or used during the commission of a crime. These laws can extend sentences well beyond the maximum punishment for the principal crime itself. If there are multiple enhancements or more than one enhancement, the punishment imposed will be the longest possible sentence.
CDC Prisoners seeking early release via the granting of parole.
LA DA GEORGE GASCON CONTINUES TO MAKE WAVES WITH PAROLE CHANGES
Since being sworn in as Los Angeles County District Attorney in December 2020, George Gascon has hardly been out of the headlines. From eliminating sentence enhancements for hate crimes and dismissing gang enhancements to removing firearm allegations and continuing to push for resentencing and sentence commutation; Gascon has shown himself to maintain a progressive approach focused on rehabilitation. His latest changes to the DA’s office have been highly controversial.
Facts About Prop 57: “The Public Safety and Rehabilitation Act” of 2016
In November 2016, California voters overwhelmingly passed Proposition 57 (64% to 35%) to enhance public safety, stop the revolving door of crime by emphasizing rehabilitation, and prevent Federal Courts from releasing inmates.
Under Prop 57, CDCR incentivizes inmates to take responsibility for their own rehabilitation with credit-earning opportunities for sustained good behavior, as well as in-prison program and activities participation. Prop 57 also moves up parole consideration of non-violent offenders who have served the full-term of the sentence for their primary offense and who demonstrate that their release to the community would not pose an unreasonable risk of violence to the community. These changes will lead to improved inmate behavior and a safer prison environment for inmates and staff alike, and give inmates skills and tools to be more productive members of society once they complete their incarceration and transition to supervision.
FELONY MURDER RULE RELIEF (SB 1437)
On September 30, 2018, Governor Jerry Brown signed into law Senate Bill 1437. SB 1437 became known as the Felony Murder Rule effectively changing the rules for how California charges felony murders.
Prior to SB 1437, California law allowed a defendant to be convicted of first-degree murder in the commission of a felony even if the defendant did not intend to kill the victim or did not know a murder took place. This means that in the commission of a residential burglary, for instance, if someone were killed as a result of the incident a getaway driver would be charged with and convicted or murder even if they had not stepped into the scene of the crime. This former broader law meant hundred of convictions of murder for individuals who never intended on seeing someone harmed in the commission of a felony act.
Governor Gavin Newsom and Inmate Releases Amid Covid-19 (Coronavirus)
Since assuming office in January 2019, Governor Gavin Newsom has proven himself a firm proponent of broader criminal justice reforms. He has been supportive of bills to address prison overcrowding and rehabilitative/reentry measures for California prison inmates.
Since the announcement of the California Major Disaster Declaration due to Covid-19 (Coronavirus) on March 22, 2020; much focus has been placed on prison sentence commutations and alternative sentences. Specifically when it comes to prison releases, within weeks of the emergency Governor Newsom had commuted sentences of 21 California prison inmates and granted pardons to half a dozen others. This includes over a dozen inmates convicted of homicides. As Coronavirus spreads into the prison system, the Governor’s office has taken immediate measures to reduce crowding and protect the population’s health.
How Long Can I File A Petition To Resentence Under Prop 47?
On November 4, 2014 California voters passed Proposition 47, known as the Criminal Sentences, Misdemeanor Penalties, Initiative Statute. This referendum – also called the Safe Neighborhoods and School Act – recategorized some nonviolent offenses as misdemeanors rather than felonies. These offenses included crimes of theft, fraud, and drug possession.
The objective of Prop 47 was to reduce overcrowding in the state’s prison system and provide an opportunity for nonviolent offenders to obtain release and rehabilitation services. Monies saved as a result of Prop 47 would be allocated toward education and dropout prevention, mental health treatment, and drug abuse programs. All meant to keep offenders out of the prison system.
COVID-19 (CORONAVIRUS) AND MY CASE (TRIAL OR APPEAL)
The rapidly expanding pandemic crisis of COVID-19 has had sweeping effects on everyday life. Due to Center For Disease Control (CDC) recommendations California has taken immediate measures to protect the public by enforcing social distancing and restrictions of gatherings of more than ten (10) people. This has meant immediate actions by the California Supreme Court and the California Superior Courts. Trial and Appeal Courts have moved to cease operations by closing doors and postponing pending matters. In the Los Angeles Superior Court, only critical in-custody matters with substantive pending hearings are being dispositioned. All other matters – trial or otherwise – are being continued by the Court for 30-45 days.
With the CDC recommending drastic changes in American lifestyle to limit the spread of the Coronavirus, it is uncertain if the Courts will resume normal operations in the next 60-90 days.
Southern California Criminal Lawyer Blog