California’s New Criminal Justice Reforms: What They Mean for Defendants 

Our criminal justice system is far from perfect. To address concerns about sentencing and other issues, California has made many changes to its criminal laws over the past five years. Some of these changes help people accused of crimes, while others make things more difficult. 

This article discusses some of the significant changes to California’s criminal laws that have happened since 2020. It also helps readers understand what these new laws mean for people facing charges in our state. 

Note: It’s impossible to address all of the recent changes to California’s criminal laws in one article. To get the most accurate and up-to-date information for your case, talk to a Marin County criminal defense lawyer.   

Recent California Criminal Law Reforms that Benefit Defendants 

The vast majority of the changes to California’s criminal law over the past five years have promoted sentencing reform. Here are a few examples: 

Felony Murder 

Under the original version of the felony murder doctrine, a prosecutor could get a conviction simply by showing that the defendant had participated in a felony. Similarly, to get a conviction for aiding and abetting murder, the state only needed to show that the death was the natural and probable result of the actions that the alleged abettor supported. 

In 2018, SB 1437 made these doctrines inapplicable to felony murder. SB 775 (2021) continued this reform by banning the use of the natural and probable consequences doctrine in cases of murder, attempted murder, and manslaughter. Taken together, these laws mean that only those who willingly participate in actions that cause death can be convicted of murder.

Sentencing Ranges  

California uses two types of sentencing: determinate and indeterminate. A sentence with no specific end date (e.g., 15 years to life) is an indeterminate sentence, while a sentence with a definite end (e.g., five years) is a determinate sentence.

The California Penal Code assigns a penalty to each crime. When imposing a determinate sentence, the Penal Code gives judges three options, sometimes called the “triad.” Each triad has a high, middle, and low option. Under SB 567, judges must impose the sentence in the middle of the triad unless the prosecution proves that there are aggravating circumstances.

Limits on Probation Time 

AB 1950 reduced the maximum probation term for a felony from five to two years. It also changed the longest possible probation sentence for misdemeanors from three years to one. 

Juvenile Justice 

As researchers have learned more about adolescent brain development, California has responded by passing laws that prioritize rehabilitation and resources over punishment for youthful offenders. Some of the laws in this area include SB 823 (2020), which abolished the state Division of Juvenile Justice to give counties more flexibility to help youth. Additionally, AB 702 (2023) urges investment in community-based corrections, restorative justice, health programs, and diversion. 

Sentence Enhancements 

California law allows judges to add time to a defendant’s sentence where certain factors are present. These additions – known as enhancements – can greatly increase the length of a sentence. SB 81 protects defendants by limiting enhancements to cases where they are needed to protect the public. Additionally, SB 483, also known as the “Repeal Ineffective Sentencing Enhancements (RISE)” Act gives courts the power to resentence people who received certain sentence enhancements. 

Racial Justice 

Sadly, studies show that people of color are more likely to be stopped and arrested than whites. If convicted, they are also likely to be sentenced more harshly.  

To address these issues, the State Legislature passed the Racial Justice Act of 2020. This law forbids the use of race, ethnicity, or national origin in sentencing. The law is violated when those involved in the case – including attorneys, judges, jurors, and police officers – exhibit bias, use racially discriminatory language, or charge or sentence the defendant more harshly than people of other races for the same crime. In 2021, the legislature expanded the law to cover those with prior convictions. 

Recent Changes to California Law Reforms that May Hurt Criminal Defendants 

Not all of California’s recent changes make things easier for defendants. Some have increased penalties or created new crimes. 

• AB 1960 (2024). Also known as the “Smash-and-Grab” bill, AB 1960 addresses the recent episodes of coordinated groups stealing large amounts of merchandise from retail stores and sometimes destroying products or other store property in the process. The law punishes these actions and increases the sentence based on the value of the property involved. 

• Proposition 36 (2024). The law increases penalties for certain crimes based on a defendant’s prior criminal record. For example, normally, stealing items worth less than $950 total is misdemeanor theft. After Prop 36, the same conduct can be charged as a felony if the defendant has two or more prior convictions for theft.

• AB 701 (2024). This law increases the penalties for selling fentanyl by creating a mandatory three-year prison sentence for those convicted of possessing more than one kilogram of fentanyl with the intent to distribute. The penalties rise based on the amount of the drug, with a final penalty of 30 years for those who possess more than 80 kilograms with the intent to sell. A Marin County drug attorney can help you understand the new rules. 

• AB 791 (2024). We usually think of bail as a pre-trial matter, but judges can also order bail after a conviction. Post-conviction bail allows the defendant to remain free while appeals are decided. AB 791 removes post-conviction bail as an option for those convicted of crimes punishable by life without parole (LWOP). 

A Criminal Defense Attorney Can Help You Navigate California’s New Legal Landscape

If you or a loved one is facing criminal charges, learning about recent changes to California’s criminal laws is important. But the law is complicated. So, it’s important to talk things through with a criminal defense attorney. A Marin County criminal defense attorney can answer your questions about recent changes to the law. In addition, a defense attorney can

• Investigate your case, 
• Get crucial information from the prosecution, 
• File motions with the court to protect your constitutional rights, 
• Help you negotiate a fair plea deal, 
• Argue for a fair sentence, and 
• Help you prepare for trial, if necessary. 

If you have questions about changes to California criminal law or any other aspect of criminal defense, please contact the Brownstein Law Group. Our firm’s founder, Marin County criminal defense lawyer Josh Brownstein, is personally involved in every case. Because we know how important your case is to you, our team will fight aggressively for your freedom. Call 415-707-3503 or use our online contact form to get in touch today.