October 16, 2024 By Paul Wallin

Navigating the Maze of California Penal Code Section 1172.6

In recent years, significant reforms have swept through California’s legal landscape, offering hope and new opportunities for individuals previously convicted under outdated laws. At the forefront of this transformation is California Penal Code Section 1172.6, a crucial legal tool that addresses past convictions for murder, attempted murder, and manslaughter.

For accused individuals, understanding the nuances of this code is essential. It not only affects their legal standing but also presents a pathway towards potential sentence reductions or even exoneration. This blog post aims to demystify Penal Code Section 1172.6, providing a comprehensive guide for the accused to understand its implications and how it can be leveraged effectively.

By the end of this blog, accused individuals will have a clear understanding of how Penal Code Section 1172.6 could impact their cases, the specific requirements needed to benefit from it, and practical advice on navigating the legal system with this code in mind. Whether you’re directly affected or seeking to support someone who is, this guide will serve as a valuable resource on your legal journey.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense homicide attorneys near you.

Overview of How This Code Affects Accused Individuals

California Penal Code Section 1172.6 is a pivotal piece of legislation that emerged as a response to the changing perceptions of justice and fairness within the state’s legal framework. 

At its core, Penal Code  Section 1172.6 focuses on individuals who were convicted of murder, attempted murder, or manslaughter under the felony murder rule or the natural and probable consequences doctrine. These doctrines allowed individuals to be held liable for murder even if they did not directly commit the act, leading to numerous convictions that many now see as unjust.

For accused individuals, understanding the relevance of this code is critical. It offers a chance to challenge their convictions, with the help of knowledgeable legal counsel, by demonstrating that they fall within the criteria set out by the new law. This opportunity is not only about seeking justice but also about reclaiming freedom affected by past legal proceedings.

Detailed Breakdown of the Requirements and Implications of the Code

Understanding the intricacies of Penal Code Section 1172.6 begins with grasping its specific requirements. Firstly, the code applies to those convicted of murder, attempted murder, or manslaughter where the conviction relied on the felony murder rule or the natural and probable consequences doctrine. Your Wallin and Klarich homicide lawyer can petition the court on your behalf, asserting that the accused individual meets the required  criteria.

Once a petition is filed, the court conducts an initial review to determine eligibility. If deemed eligible, the petitioner is entitled to a hearing where they can present evidence supporting their claim. This hearing is crucial, as it allows the accused to demonstrate that they were not the actual killer, did not act with intent to kill, and were not a major participant in the crime with reckless indifference to human life.

The implications of successfully navigating Penal Code Section 1172.6 are profound. A favorable ruling can lead to resentencing under the updated laws or, in some cases, complete dismissal of charges. This not only impacts the legal status of the accused but also offers a chance at a fresh start in life, free from the constraints of a previous serious felony conviction.

Discussion on the Benefits and Potential Drawbacks for Accused Individuals

The enactment of Penal Code Section 1172.6 brings a myriad of benefits for those previously convicted under outdated doctrines. One of the most significant advantages is the opportunity for resentencing or dismissal, which can drastically alter an individual’s future. Reduced sentences mean earlier release dates and the possibility of reintegrating into society sooner.

Beyond the immediate legal benefits, the code also acknowledges the evolving understanding of justice, offering a chance for individuals to challenge convictions that may not align with contemporary legal standards. This reflects a broader commitment to fairness and equality within the justice system.

However, the process is not without its challenges. The burden is on the accused to initiate the petition and provide compelling evidence to support their claims. Our experienced lawyer are here to help you now. Winning your case will involve you working with our law firm closely and providing us all required information.  We will fight hard to increase the likelihood your petition will be granted.

Case Analysis: People V. Kelly

In 2012, Jarrell Kelly was found guilty of felony murder and attempted murder. Although he didn’t shoot the victims, the prosecutor argued that he was still guilty because he took part in a robbery that led to the shooting. The jury also decided he intended to kill. In 2022, after Senate Bill (SB) 1437 was passed, he wanted to be resentenced under Penal Code Section 1172.6. This law removed the natural and probable consequences theory and limited the felony murder rule so it only applies if the nonkiller helped the actual killer with murder or was a major participant in the crime. The court denied his request, saying he wasn’t eligible because he intended to kill. Kelly appealed, arguing that he was eligible since there was no finding that he helped the actual killer commit murder.

The appeals court overturned the trial court’s decision and sent the case back for further action, providing guidance. To apply the felony murder under Penal Code Section 189(e), one of the following must be true: 

(1) The defendant is the actual killer; 

(2) If not the actual killer, the defendant intended to kill and helped the actual killer; or 

(3) The defendant participated in the crime with reckless disregard for life. 

Without a jury finding matching one of these scenarios, the defendant can seek a new sentence under Section 1172.6. In this case, the only reason Kelly was deemed ineligible was the belief that he intended to help the actual killer. The Court of Appeals disagreed with the trial court judge and the Attorney General and stated that to deny the motion under Penal Code Section 1172.6 the court must find that the petitioner was more than just involvement in the robbery—it needs evidence of aiding in the murder itself. The statute’s wording reflects specific legislative intents, emphasizing different requirements for each condition, aiming to narrow the application of felony murder charges.

Advice on How Accused Individuals Can Navigate the Legal System Using This Code

Successfully navigating the legal system with Penal Code 1172.6 requires careful planning and informed decision-making. For accused individuals, the first step is to seek legal counsel familiar with the intricacies of the code. An experienced attorney can assess eligibility, guide the petition process, and represent the accused in court hearings.

Gathering evidence is another crucial aspect. Accused individuals should work with a skilled criminal homicide defense attorney to compile relevant documentation, witness statements, and any other materials that support their eligibility for resentencing or dismissal. This evidence forms the foundation of a compelling case.

Contact Wallin & Klarich Today  

If you believe the trial court gave you an unfair sentencing or you believe you are entitled to the relief now available under Penal Code Section 1172.6 you need to contact our aggressive criminal defense appeals attorneys at Wallin & Klarich now. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients achieve successful outcomes in their homicide and serious felony cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

Wallin & Klarich have offices throughout southern California including Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Additionally, our law firm can handle homicide cases throughout all of California.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense appeals attorney near you.

Paul Wallin

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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