New Opportunities for Resentencing in California

Recent legal reforms in California make it easier to seek resentencing. Here’s how these changes could benefit you or a loved one.

In recent years, California has adopted a more progressive stance on criminal justice reform, particularly in the area of resentencing. New laws now give courts broader discretion to revisit old cases and issue reduced sentences based on changing legal standards, rehabilitation, or the interests of justice.

Key among these reforms are Penal Code sections 1170(d)(1) and 1172.1, which permit judges to recall and resentence individuals if the original sentence is deemed excessive or no longer serves a valid penal purpose. Prosecutors and the California Department of Corrections and Rehabilitation (CDCR) may also recommend resentencing.

Other reforms include the impact of Proposition 47 (reducing certain felonies to misdemeanors), Proposition 57 (allowing parole consideration for nonviolent offenders), and the CRJA. Together, these measures create new pathways for individuals who were once subject to California’s historically harsh sentencing policies.

Resentencing can result in early release, reduced parole terms, or the reclassification of a felony to a misdemeanor. If you or a loved one received a long sentence under outdated laws, now may be the time to act. Consult an experienced attorney to evaluate your eligibility and file the necessary petition.