Felony Murder Rule in California: What Has Changed?

California’s felony murder rule has long been one of the most controversial aspects of the state’s criminal justice system. Historically, it allowed prosecutors to charge individuals with murder even if they did not personally kill anyone—as long as a death occurred during the commission of a serious felony, such as robbery, burglary, or rape. However, recent changes in California law have redefined how this rule is applied, making it fairer and more precise in determining criminal liability. Understanding these changes is crucial if you or someone you know is facing homicide-related charges in California.

What Is the Felony Murder Rule?

Under the traditional felony murder rule, a person could be convicted of first-degree murder if someone died during the commission of certain serious felonies, regardless of whether the death was intentional or accidental. For example, if two people committed a robbery and one of them killed a victim, both individuals could be charged with murder—even if the second person never touched the weapon or anticipated a killing.

The rationale behind the old rule was deterrence—it aimed to discourage people from engaging in dangerous felonies by holding everyone involved equally responsible for any deaths that might occur. However, critics argued that the rule was overly harsh and often punished individuals who neither intended nor directly caused a death.

How the Law Changed: Senate Bill 1437 (SB 1437)

In 2018, California lawmakers passed Senate Bill 1437, which significantly limited the application of the felony murder rule. The reform aimed to ensure that murder liability is reserved for those who either directly cause a death or act with clear intent to kill.

Under SB 1437, a person can only be convicted of felony murder if one of the following applies:

1. The person was the actual killer;
2. The person aided, abetted, counseled, or induced the killing with intent to kill; or
3. The person was a major participant in the underlying felony and acted with reckless indifference to human life.

This change means that someone who played a minor or peripheral role in a felony—such as a getaway driver or lookout—can no longer automatically be convicted of murder unless prosecutors can prove one of the criteria above.

Who Can Benefit from SB 1437?

One of the most significant aspects of the new law is that it applies retroactively. Individuals previously convicted under the old felony murder rule may be eligible to have their convictions reduced or vacated.

Through a process known as resentencing under Penal Code §1172.6 (formerly §1170.95), qualifying defendants can petition the court to review their murder convictions. If the court finds that the person would not have been convicted under the new felony murder standards, the conviction may be modified or even dismissed.

This has provided relief to many inmates who were serving life sentences for murders they did not commit or intend to commit.

Examples of How the Rule Now Works

Let’s consider two examples that highlight the difference between the old and new laws:

• Before SB 1437: John and Mike commit a burglary. During the burglary, Mike kills the homeowner without John’s knowledge. Under the old rule, both could be convicted of first-degree murder.
• After SB 1437: In the same scenario, unless prosecutors can prove that John knew about Mike’s violent intent or that John was a major participant acting with reckless indifference to life, John cannot be convicted of murder.

Recent Developments: SB 775

In 2021, California passed another reform, Senate Bill 775, which further clarified and expanded SB 1437. SB 775 confirmed that attempted murder and manslaughter convictions based on the same principles could also be reviewed and potentially reduced. This law strengthened the rights of defendants to seek justice under the new standards.

Legal Defenses in Felony Murder Cases

Defending a felony murder charge in California requires a deep understanding of both the original statute and the reforms introduced by SB 1437 and SB 775. Common defenses may include:

• Lack of participation: Arguing that the defendant was not a participant in the underlying felony.
• No reckless indifference: Demonstrating that the defendant did not act with reckless disregard for human life.
• No major participation: Showing that the defendant played a minimal or secondary role in the crime.
• Actual innocence: Presenting evidence that the defendant had no involvement in either the felony or the death.

Each defense strategy depends on the specific facts of the case, the evidence available, and the defendant’s level of involvement.

Why Legal Representation Matters

Homicide laws in California are complex, and recent reforms have created opportunities for sentence reductions—but only for those who navigate the process correctly. A knowledgeable criminal defense attorney in Glendale, CA, can evaluate whether SB 1437 or SB 775 applies to your case, prepare the necessary petitions, and advocate for your rights in court.

At KN Law Firm, we specialize in defending serious felony and homicide cases, ensuring that our clients receive fair treatment under California’s updated laws.

Call for a Free Consultation

If you or a loved one has been charged with homicide or believes you may qualify for resentencing under California’s felony murder reforms, contact KN Law Firm in Glendale today at (888) 950-0011 for a free consultation. We proudly serve clients throughout Glendale, Los Angeles, and surrounding Southern California cities.