Can SB620 Apply To My Gun Charges Retroactively In California?

SB620 And California Gun Charges

Having a criminal record is no-doubt an aspect of your life that can impede on both current and future opportunities for you and your loved ones.  Having the ability to get your charges dismissed and remove the blemish from your life and history is a hopeful prospect, however, because the law can be complex to understand and navigate, it is important to know what your rights are under the 620 Senate Bill.

Is The Bill Retroactive On Gun Charges?

As of January 1st, 2018 judges were given authority on dismissals as well as enhancement strikes as they pertain to eliminating enhancements for some firearm offenses. Unfortunately, it does not apply retroactively to cases that have been finalized. If you were convicted and your case was finalized, the new law does not apply to you. This does not mean that you give up on clearing your record, there may be other avenues of relief for you, an experienced criminal defense attorney can better advise you of both your rights and responsibilities.

Dismissing Sentencing Enhancements

Prior to January 2018, judges were not authorized to dismiss any sentencing enhancement presented by the prosecution.  After the enactment of SB 620, the case can be remanded back to the trial court. This would allow the court to use its own discretion and possibly strike any enhancement imposed on your gun charges (firearm enhancement). With the statutory prohibition lifted, the judge would now have the ability to dismiss such enhancements either at the sentencing level or the re-sentencing level however, if the case is final, as mentioned above, this bill will not apply. In short, the bill is not retroactive, the limitation of the bill as defined by most at this time– is that it and only applies to those with open cases at the time of sentencing or re-sentencing without the ability to request a reduction in the sentence.

Because The Law Is Complicated, You Need Experienced Defense Advice

The law is no-doubt complicated but our office is ahead on the aggressive defense of our clients. Contact our office today to learn how we can help you.