New laws in California are nothing new, but it’s significant to criminal defense and justice to note how this new California law can reduce sentencing post conviction.

The new law of note is Assembly Bill 600 (AB 600), which is effective January 1, 2024. It makes changes to criminal procedure around resentencing as specified in Penal Code section 1172.1.

Resentencing Post Conviction Prior to AB 600

Before AB 600, courts had the authority to recall and reduce the sentence term of someone convicted of a felony and incarcerated in state prison or county jail … but only within 120 days of the date of commitment or with the recommendation of specified individuals, including the district attorney of the county in which sentencing originally occurred.

How AB 600 Changes Post Conviction Resentencing

Under AB 600, the court will be able to recall a sentence on its own motion at any time if the laws under which the original sentencing occurred are subsequently changed. This will allow courts to resentence a defendant in alignment with any new laws.

The district attorney or Attorney General will no longer be required to concur during such resentencing.

Courts also are required to weigh post conviction factors and determine if incarceration is no longer in the interest of justice. This includes, but is not limited to, considering evidence that the defendant’s constitutional rights were violated in the proceedings related to the conviction or sentence at issue.

Resentencing may not occur if the court finds the defendant currently poses an unreasonable risk of danger to public safety.

AB 600 also requires the court to advise a defendant regarding their right to appeal.

Does AB 600 Affect You?

If you or someone you know has been convicted of a felony and sentenced to incarceration under a law that has been subsequently changed, you may be able to get the sentence reduced under AB 600.

The best way to determine how AB 600 may affect you is to consult with a criminal defense attorney about your specific case.

If you’ve been convicted of a crime and think AB 600 may apply to you, call 559-691-6222 or click here to request a free consultation. We’ll get back to you right away.

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