AB 1310: A Ray of Hope for California Attorneys and Their Clients

In the realm of criminal justice reform, California has long been at the forefront of change. Assembly Bill 1310 (AB 1310), introduced by Assembly Member McKinnor on February 16, 2023, represents a significant step towards addressing issues related to firearm enhancements in the state's criminal justice system. As a criminal defense attorney based in Oceanside, California, offering my services at the Vista Superior Courthouse, I appreciate the potential benefits AB 1310 could bring to both attorneys and their clients.

Understanding AB 1310

AB 1310 addresses a critical aspect of California's existing laws related to firearm enhancements. Under current law, a person who discharges a firearm and causes great bodily injury during specified felonies faces an additional and consecutive term of imprisonment of 25 years to life. This has been a contentious issue, particularly when it comes to cases where such enhancements may not be justly applied.

Existing law, until January 1, 2018, prohibited courts from striking these firearm enhancements, leading to sentences that many have considered overly harsh. However, starting January 1, 2022, courts gained the ability to dismiss an enhancement if doing so serves the interests of justice, albeit with certain limitations.

Key Provisions of AB 1310

AB 1310 introduces several critical provisions to address these concerns:

Resentencing

The bill tasks the Secretary of the Department of Corrections and Rehabilitation with determining whether an individual qualifies for resentencing. This process opens a door for those who may have been subject to overly severe penalties due to firearm enhancements.

Appointment of Counsel

Once eligibility for resentencing is established, AB 1310 mandates that the trial court appoint counsel for the affected individual. This legal representation is crucial for ensuring that the resentencing process is fair and just.

Enhancement Dismissal

The bill authorizes the court to strike or dismiss a firearm enhancement during resentencing, offering the potential for a reduction in the sentence, depending on the circumstances of the case.

Impact on California Defense Attorneys and Their Clients

AB 1310 has the potential to benefit both California attorneys and their clients in three significant ways:

1. Equalizing Sentencing - This proposed law addresses the issue of disproportionate sentencing for those facing firearm enhancements. Defense attorneys can now advocate for fairer outcomes, ensuring that their clients are not unduly burdened with excessive sentences.

2. Enhancing Legal Representation - AB 1310's requirement for the appointment of counsel during the resentencing process means that clients will receive comprehensive legal representation. This ensures that their rights are protected and that all necessary legal arguments are presented effectively.

3. Restoring Justice - For clients who may have received overly harsh sentences due to firearm enhancements, AB 1310 offers the opportunity for their cases to be reconsidered and justice to be restored. This can be particularly significant for those who have faced sentences that did not align with the severity of their actions.

Challenges and Considerations

While AB 1310 brings significant promise, it's important to acknowledge potential challenges, such as the additional responsibilities placed on county public defenders. The bill imposes state-mandated programs that may require increased resources to ensure effective implementation.

Fair and Equitable Criminal Justice

Assembly Bill 1310, introduced by Assembly Member McKinnor, marks a pivotal moment in California's pursuit of a fair and equitable criminal justice system. As a criminal defense attorney based in Oceanside, California, I believe that AB 1310 offers a ray of hope for both attorneys and their clients. By addressing the issue of firearm enhancements and providing a path to resentencing, this proposed law seeks to rectify past injustices and reaffirm the principle of fairness in sentencing. As it progresses through the legislative process, AB 1310 holds the potential to transform lives and contribute to a more just and equitable legal system in California.

If you want expertise in interpreting the benefits of AB 1310 and if it applies to you, please contact Joni K. Eisenstein today for a free consultation.