California’s Felony Murder Rule: Penal Code 189, SB 1437 & Resentencing

The felony murder rule in California, established under Penal Code Section 189, allows for murder charges when a death occurs during the commission or attempted commission of certain felonies, even if there was no intent to kill. Historically, the felony murder rule held all participants in a qualifying felony equally liable for any resulting death, regardless of their role. However, significant reforms introduced by Senate Bill 1437 (SB 1437) have narrowed the scope of this law. These changes emphasize the importance of intent and the level of participation, ensuring that individuals are not unfairly punished for murder if they were not directly involved or acted without reckless disregard for human life.

Understanding how the felony murder rule applies under California law is essential for anyone facing these charges. With the right legal representation, it is possible to challenge the prosecution’s case, address the severity of the charges, or explore options for resentencing under the revised legal framework.

What Is the Felony Murder Rule in California? (Penal Code 189)

The California felony murder rule applies to specific felonies considered inherently dangerous, including:

• Robbery
• Burglary
• Arson
• Rape
• Kidnapping
• Carjacking

Scope of Application

The felony murder rule applies even in cases where the death was unintended or accidental. For example:

• If a bystander dies during a carjacking due to a car crash, all participants in the carjacking could face felony murder charges.
• In a burglary where a homeowner suffers a fatal injury while attempting to stop the crime, the individuals involved in the burglary may be charged with felony murder.

Key Elements of the Felony Murder Rule

Committed or Attempted a Felony

To be charged under the felony murder rule, the defendant must have either committed or attempted to commit one of the listed qualifying felonies. For example:

• If someone is in the process of robbing a store and a bystander is killed during the robbery, the participants in the robbery can be charged with felony murder.
• Similarly, if the felony is interrupted before completion (e.g., an attempted carjacking), but a death still occurs, felony murder liability can still apply.

Major Participant in the Felony

The prosecution must show that the defendant was a major participant in the felony. This means they played a significant role in planning, executing, or facilitating the crime. A major participant might include:

• The person who orchestrated the robbery.
• Someone who provided critical assistance, such as acting as the getaway driver. By contrast, individuals with minimal involvement (e.g., being present without contributing meaningfully to the crime) may argue that they were not major participants and thus should not be held liable under the felony murder rule.

Aiding and Abetting

A defendant can also face felony murder charges if they aided and abetted the felony. This involves intentionally assisting, facilitating, or encouraging the commission of the crime. For example:

• A person who serves as a lookout during a burglary can be charged with felony murder if a death occurs during the burglary. To establish aiding and abetting, the prosecution must prove that the defendant knew about the felony, willingly provided support, and intended to help the crime succeed.

Intent to Kill (Limited Cases)

Under California’s revised felony murder rule (following Senate Bill 1437), intent to kill is typically not required. However, in cases where a defendant is accused of directly committing the murder, intent to kill may be an element the prosecution must prove. For instance:

• If a defendant intentionally shoots a victim during a robbery, the prosecution may argue that the killing was intentional, making the defendant both the direct perpetrator and liable under felony murder.

How SB 1437 Changed the Felony Murder Rule in California

In 2019, Senate Bill (SB) 1437 introduced sweeping reforms to California’s felony murder rule, narrowing its application to ensure that individuals who lacked intent or reckless indifference are not unjustly convicted of murder. These changes reflect a significant shift in California law, emphasizing fairness and the evaluation of each defendant’s specific role in the crime.

Key Changes Under SB 1437:

• Revised Liability Standards: Convictions for felony murder now require proof that the defendant:
  • Directly committed the killing.
  • Aided and abetted the felony with reckless indifference to human life.
  • Acted as a major participant in the underlying felony that resulted in death.
• Who Qualifies for SB 1437 Resentencing?: Individuals previously convicted under the broader, pre-2019 felony murder rule can file a petition for resentencing if they no longer meet the revised criteria for liability. This allows for potential sentence reductions or even case dismissals for those who were not directly responsible for the death.

Felony Murder Penalties Under California Law

• Life Imprisonment Without the Possibility of Parole (LWOP): Common in cases involving first-degree murder.
• 25 Years to Life in Prison: For second-degree felony murder.
• Three Strikes Law: A felony murder conviction counts as a strike, which can lead to enhanced sentences for subsequent offenses.

Collateral Consequences:

• Permanent criminal record.
• Loss of civil rights, including the right to vote or own firearms.
• Challenges in securing employment, housing, and professional licenses.

Defenses to Felony Murder Charges in California

No Major Participation

One of the most effective defenses is demonstrating that the defendant was not a major participant in the underlying felony. The prosecution must prove that the defendant played a significant role in planning, executing, or facilitating the crime that led to the death. If the defendant’s involvement was peripheral—such as merely being present without active participation or acting as a lookout with no knowledge of the felony’s full scope—this can weaken the prosecution’s case. A skilled attorney can highlight the defendant’s minimal role to argue for reduced charges or dismissal.

Lack of Reckless Indifference

Reckless indifference to human life is a key element in felony murder cases. The prosecution must establish that the defendant acted with a conscious disregard for the potential loss of life. A strong defense may argue that the defendant was unaware their actions posed a significant risk of death or that they took steps to minimize harm. For instance, evidence showing the defendant tried to de-escalate the situation, discourage violence, or remove themselves from the scene can demonstrate a lack of reckless indifference. Successfully proving this can lead to a reduction in charges or an acquittal.

Challenging the Evidence

Many felony murder cases hinge on witness testimony, forensic evidence, or circumstantial evidence. A defense attorney can thoroughly scrutinize this evidence to identify weaknesses, such as:

• Inconsistent Witness Testimony: Highlighting contradictions or biases in witness accounts.
• Forensic Evidence Issues: Challenging the reliability of forensic methods, such as DNA or ballistics, if there are concerns about contamination or improper testing.
• Procedural Violations: Demonstrating that the evidence was obtained through unlawful searches, improper collection, or other procedural errors that violate the defendant’s rights.

By undermining the prosecution’s evidence, the defense can cast doubt on the defendant’s alleged involvement and build a strong case for dismissal or reduced charges.

Alibi Defense

An alibi defense focuses on proving that the defendant was not present at the scene of the felony and therefore could not have participated in the crime. This defense relies on credible evidence, such as:

• Surveillance Footage: Videos showing the defendant at a different location at the time of the crime.
• Witness Testimony: Statements from credible individuals, such as coworkers, family members, or friends, verifying the defendant’s whereabouts.

How to Petition for SB 1437 Resentencing

For those already convicted under the old felony murder rule, Senate Bill 1437 provides a pathway for relief. This law allows defendants to petition for resentencing if they do not meet the revised criteria for felony murder liability. To qualify, the defendant must show that they:

• Did not directly commit the killing.
• Were not a major participant in the felony.
• Did not act with reckless indifference to human life.

Filing a resentencing petition involves a detailed review of trial records, evidence, and the defendant’s role in the crime. A skilled attorney can prepare a strong case to demonstrate eligibility for relief under SB 1437, potentially leading to reduced penalties or even dismissal.

Entrapment or Coercion

In certain cases, a defense may argue that the defendant was coerced or entrapped into participating in the felony. This defense applies when:

• Entrapment: Law enforcement induced the defendant to commit the crime through manipulation or undue pressure. For example, an undercover officer encouraging criminal behavior during a sting operation.
• Coercion: Other participants in the felony threatened, intimidated, or otherwise forced the defendant to act against their will.

Evidence such as communication records, testimony, or recordings can demonstrate that the defendant’s participation was not voluntary. Successfully proving entrapment or coercion can result in reduced charges or a complete dismissal of the case.

The Importance of Causation in Felony Murder Cases

Contact a Los Angeles Felony Murder Defense Attorney

Felony murder charges are among the most serious and life-altering accusations an individual can face. Whether you are confronting charges under Penal Code 189 or seeking resentencing under SB 1437, your future depends on having the right legal team by your side. At The Law Offices of Arash Hashemi, we bring decades of experience in navigating the complexities of felony murder cases, from challenging the evidence to advocating for reduced sentences under California’s reformed laws.

Attorney Hashemi understands that no two cases are the same. We will thoroughly investigate the circumstances surrounding your situation, examine the prosecution’s evidence, and craft a personalized strategy designed to protect your rights. Whether you need an aggressive defense at trial or assistance with filing a resentencing petition, we are here to guide you through every step of the legal process. Reach out to our office today to schedule a confidential consultation. We will listen to your story, explain your options, and fight to achieve the best possible outcome for you or your loved one.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.