California Penal Code 4800, commutation of sentence, is when someone’s sentence is commuted after a conviction. If you are currently serving time in the California prison system, you have the right to petition the governor for the commutation of your sentence.
This right is given under the state constitution. However, commutations are rare, and the governor cannot commute all criminal charges. There are limits to the governor’s power, and in some cases, a commutation requires approval by the California Supreme Court.
If you need help understanding California’s penal code, the Simmrin Law Group team has decades of combined legal experience assisting those accused of crimes in California. Contact us today to discuss your options.
Commutation in California
Commutation is a form of clemency that can reduce or eliminate your sentence. There are many benefits to a commutation. A successful petition can:
- Allow your release from a correctional facility
- Accelerate the schedule for your parole hearing to reduce lengthy prison sentences
- Reduce legal penalties, such as changing a death sentence to life imprisonment
Some people confuse a commutation with a pardon. Both are forms of clemency, but there are important differences. A California criminal defense lawyer can help you better understand the different types of clemency and how they might apply to your situation.
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Limitations to the Commutation Process
Unlike a full pardon, a commutation does not erase a criminal conviction. Your conviction remains on your criminal arrest record even after a commutation. Commutation is used to reduce your sentencing, not eliminate the impact of your conviction.
Additionally, a commutation does not restore any civil rights lost after a conviction. For example, sometimes a conviction for a major crime in California could mean losing your right to own or possess firearms. A commutation will not undo this civil rights restriction.
The governor only has the authority to commute state crimes. If you have been convicted of a federal offense, the California governor can’t commute your sentence. Only the president of the United States has the authority to grant clemency in federal matters.
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Do You Need an Attorney to Request a Commutation?
The Governor of California’s website provides instructions on applying for commutations and suggests that you do not need a lawyer. While that may be technically true, the assistance of an experienced attorney in such a serious matter can make a big difference.
A criminal defense attorney helps you understand application procedures, communicate with the district attorney, and advise on what to include when completing the application for commutation.
If the governor grants your request for commutation, you may be able to avoid a lengthy prison sentence. Don’t take your chances alone when you can get help from an attorney who understands the law and knows how to navigate the commutation process.
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Eligibility for a Commutation in California
Commutations can occur with a range of offenses; however, not everyone in California is eligible for a commutation. For instance, individuals with criminal records cannot receive a commutation if they were convicted:
- In another country or state
- In the federal court system
- Of a military offense
Additionally, an individual cannot get a commutation if they were impeached as a government official.
Multiple Felonies
Commutations of sentences become more complicated if you have two or more felony convictions. You can still get a commutation in certain cases. However, the governor must first obtain approval from the California Supreme Court.
This approval requires a majority of the judges to agree. The governor does not need this permission if someone is convicted of a single felony or multiple misdemeanor offenses.
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Requesting a Commutation of Sentence in California
Applying for a commutation requires contacting the district attorney of the area where you were convicted. You also have to apply for commutation to the governor. You must contact the district attorney before you reach out to the governor.
You must include certain information in your request for a commutation of sentence. For instance, be prepared to provide the governor with information about:
- Any convictions you want to be commuted
- The reason for your commutation request
- Why you believe you should receive a commutation
Application forms are located on the website for the state of California. Applications for commutation in California must be notarized.
What Happens After You Request a Commutation of Sentence?
After receiving a request for a sentence commutation, the governor can decide whether to consider it. The governor is not legally required to grant a commutation, but they will sometimes work with the parole board to determine whether to grant one.
Requests for commutation may need to go before California’s Supreme Court. However, this only applies if an individual has two or more felony offenses. In either case, the governor can decide to commute an individual’s sentence or disregard the request.
What Are the Chances of Getting a Commutation in California?
While commutations are rare in California, certain factors can increase your chances of a successful petition. The governor may be more likely to grant your request if:
- You committed a non-violent crime.
- You have served significant time already.
- You have a record of good behavior.
- You have exhibited a desire for personal growth.
- You’ve shown evidence of remorse.
- You have a serious medical condition.
A knowledgeable attorney will understand the best approach to take when you petition the governor under Penal Code 4800 for a commutation of your sentence. Remember that the governor is not required to grant clemency, and commutations are at their discretion.
Get Help With a Commutation of Your Sentence in California
California Penal Code 4800, commutation of sentence, allows you to have your sentence changed by the governor. Even if you believe your chances are slim, it may be worth it to apply. Success can mean a reduction in lengthy prison sentences or an early release.
At the least, it is smart to reach out to an attorney who can help you understand the process and offer advice on how to proceed. Our case evaluations are free, so you have nothing to lose by making the call.
Our team of criminal defense lawyers at Simmrin Law Group has been fighting for the rights of people accused of crimes since 2005. Contact us today to find out how we can help.
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