Reducing Your Sentence with AB600 in California

If California law has changed since your sentencing, you could be eligible for resentencing under a new law called AB600. Resentencing could mean a reduced sentence or even a determination that you’ve served all of your time and can go free. 

Let’s dive into AB600 and how it can benefit you and your case.

What is AB600?


AB600 is a new law that allows California courts to recall (or take back) a previous sentence and resentence the person, potentially with a lighter or shorter sentence, if there is a change in the law that might impact the previous sentence. AB600 ensures that your new sentence isn’t worse than the initial sentence. 

The primary purpose of the law is to provide the court with the opportunity to resentence a defendant when the original jail or prison term no longer serves the interest of justice. That is, the law allows a judge to assign a punishment that is both more fitting for the crime and aligns with the current law. 

Before the passage of the law, the courts could only resentence a person with a recommendation from the Department of Corrections, a Board of Parole hearing, or a recommendation from the District Attorney (DA) or Attorney General (AG). The judge only had 120 days after judgment and sentencing to change the sentence in the past, but now may do it at any time. The law also gives the judge guidelines on what factors they may use to decide whether there are “changed circumstances” or whether re-sentencing would be “in the interest of justice.” Judges must still evaluate whether an individual poses a public safety risk before changing a sentence.

While AB600 does not require the courts to respond to a request for resentencing, a good defense lawyer may urge the judge to consider it. Whether or not the sentence is changed is always up to the judge.

Disclaimer – Even though AB600 went into effect more than a year ago, it’s still a relatively untested law.  The contents of this blog post represent the way I think things will pan out. I will update this post if any information changes. As lawyers bring resentencing requests to judges, we will start to see how judges are using the law. Nevertheless, I believe this law will benefit our clients.

When did AB600 go into effect in California?


AB600 went into effect on January 1, 2024.

What has happened with AB600 since it went into effect and what’s AB2483?


When AB 600 went into effect in California, it gave people a new way to seek resentencing, but it didn’t spell out how courts should handle those requests. That left a lot of counties unsure how to move forward.

To fix that, AB 2483 took effect on January 1, 2025. It required each county’s presiding judge to meet with stakeholders and create a plan for handling post-conviction cases fairly and efficiently. These plans had to be in place by March 1, 2025.

Now, every county should have a process in place, but since each county created its own, your attorney needs to know how things work where your conviction happened. What applies in Placer County might not apply in Nevada County.

Why was AB600 created?


In short, the purpose of AB600 is to make sentencing fairer. 

Lawmakers created AB600 to address four major issues. 

1. State prisons are overcrowded. Resentencing allows the courts to remove people from prison when they don’t pose a danger and probably won’t re-offend. It takes resources to keep people in prison—resources that are better spent elsewhere. According to data from the California Board of Parole Hearings, 57% of prisoners up for parole are rated “low risk” to re-offend. Of the offenders granted parole in 2022, 67% held a “low risk” rating when assessed by the Comprehensive Risk Assessment tool. 

2. The law is meant to help address discriminatory conviction and sentencing practices. 

3. California laws have changed a great deal, and in many cases, the legislature has decided certain punishments no longer fit the crime. For example, drug laws have changed a great deal over the past decade, which means some offenders may still be sitting in prison, serving sentences that never would have been imposed today. AB600 gives judges the power to send those people home. There have also been changes to felony murder laws and the racial justice act, to name a few.

4. The likelihood of re-offending reduces over time, and lawmakers have recognized that there might be little value in continuing to hold on to those prisoners. Research has shown that criminal involvement lessens dramatically after an individual reaches 40 years of age and lessens even more after age 50.

Why would judges want to use AB600?


AB600 offers another way to get a lesser sentence. This means that it gives more opportunities to address issues like overcrowding in prisons, changes in sentencing laws, and new research on re-offense rates. 

Most judges care about ensuring the legal process ultimately serves justice. This puts more tools in their toolbox to address injustices or issues on a case-by-case basis.

How does AB600 change resentencing, since resentencing was possible before AB600?


AB600 changes resentencing in the following ways.

AB600 allows the court to initiate resentencing on its own, even if 120 days have passed since sentencing.

1. AB600 bypasses the need for approval or recommendation by a District Attorney (DA) or correctional agency.

2. Before AB600, only the original prosecuting agency could initiate the recall of a sentence if more than 120 days had passed: the California Department of Corrections and Rehabilitation (CDCR) Secretary, the county correctional administrator, the district attorney, and the attorney general.

AB600 does have its limitations. For example, you’re not entitled to file a petition requesting resentencing. This means that if you send the court a request or we send it on your behalf, the court isn’t required to respond and judges are not required to change any sentence. 

This is where the help of a lawyer comes in. Your defense lawyer may be able to help you prepare and submit an effective resentencing request even though we cannot guarantee that a judge will consider your case for resentencing. Although we still do not fully know how often the court is responding to these requests, we should get a better picture moving forward, now that March 1, 2025 has passed and each county has a plan for how to handle resentencing.

What sentences might be eligible for resentencing under AB600?


Resentencing is generally for people who are serving long prison sentences or ones that include an upper term or a sentence that has multiple enhancements. 

Circumstances or post-conviction factors that might make you eligible for resentencing include:

• You were a juvenile defendant tried in adult court.
• You were a juvenile defendant sentenced to life without the possibility of parole and have served at least 25 years. 
• You are an incarcerated elderly person who has spent at least 25 years in prison.
• You committed the crime before age 25.
• You were convicted of a drug-related felony, and that felony was enhanced for prior drug-related felonies.
• You were younger than 12 when sent to juvenile court.
• You had a 5-year sentence enhancement for prior serious felonies.
• You were sentenced before Jan 1, 2015, and served in the military.
• If you were convicted as an accomplice for felony murder or murder.
• If you are the caregiver of an individual under the age of 18.
• If you have a past marijuana conviction.
• If the DA required you, as a condition of your plea bargain, to give up rights that may come from future changes in the law.
• If you received an enhancement for prior felonies.
• If you were charged with a misdemeanor.
• If you were a young person convicted for having consensual underage sex, especially if you are gay and were required to register as a sex offender because you were gay. 
• You were convicted of a drug offense that no longer requires mandatory prison time.
• If your record from while you were incarcerated shows rehabilitation and a lack of disciplinary problems.
• If your risk for future violence is reduced due to your age, time served, or physical condition.

If I have enhancements, can I get resentenced under AB600?


Yes, it’s possible to have some or all of your enhancements removed, depending on your circumstances and case.

Enhancements add time to a sentence. For example, the court may reconsider gun enhancements, gang enhancements, prison priors (getting more time because you served a prison sentence before), drug prison priors, nickel priors, or prior strike enhancements.  Some crimes that used to count as strikes have now been reclassified and no longer qualify as strike offenses. 

There are other factors that are considered when removing a strike in addition to the ones listed above. An attorney can look at your enhancements and let you know whether resentencing is possible or worth pursuing in your specific case.

If I have an upper-term sentence, can I get resentenced under AB600?


Yes, it’s possible to have your upper-term sentence reduced, depending on your case. An upper-term sentence is the highest possible sentence you can receive for a given crime. If you got the highest possible sentence, the new rules state that there must be aggravating factors that are admitted or proven as justification for imposing that upper sentence. If there is no justification, you can make an argument for resentencing. 

An attorney can look at your upper-term sentence and advise you whether resentencing is appropriate or worth pursuing in your specific case.

Who is ineligible for resentencing under AB600?


You are not eligible if you might still pose a danger to the public. Examples might include:

• An individual serving a life sentence for murder.
• An individual who has committed a serious sex crime.
• An individual whom the judge identifies as being an ongoing threat to the public. This part of the law hasn’t been fully tested in court yet, so we’re watching how judges interpret what counts as an “unreasonable risk of danger.” As new cases come out this year, we’ll update this post with a clearer definition of what that means.

What are the reasons you could get resentenced under AB600?


Here are some examples of reasons you could get resentenced. All of them hinge on the fact that your sentence no longer serves the interest of justice, which essentially means that it’s no longer fair.

• There is evidence your constitutional rights were violated during your arrest, trial, or conviction.
• There is evidence that your conviction or sentence may have been in some way unjust.
• You have an exemplary prison disciplinary record
• You’ve attended rehabilitation programs while in prison.
• The court will consider your current age and the amount of time you served.
• The court will consider resentencing if you were young when you committed the offense. 
• The court will consider resentencing if there is a reduced risk of re-offending.
• There is evidence mental illness was a factor in the underlying crime.
• There is evidence discrimination was in play when you were convicted or sentenced.
• There is evidence that childhood trauma or past victimization impacted your offense.
• You have a diminished capacity.
• Resentencing would lead to a “meaningful modification” to your circumstances.

What does a “meaningful modification” to your circumstances mean for resentencing under AB600?


There’s no hard rule for what counts as a “meaningful modification,” but it generally means a proposed change that would actually affect your circumstances in a significant way.

This could include immediate release, an earlier release date, or newly qualifying for parole board review.

For example, if you’re serving 17 years and only one year is removed, that might not be considered meaningful. However, five-year reductions are fairly common under AB 600, and in some cases, reductions of a few years have also been approved. It all depends on the details of your case.

Just because someone else got a reduction doesn’t mean you will—but it’s worth reviewing with your lawyer.

Is AB600 resentencing automatic?


Maybe. It is possible that a court could take a second look at your sentence without you doing anything, but there is no timeline during which that might happen.

The court initiates resentencing. A lawyer can invite the court to have a look. The court is under no obligation to honor the lawyer’s request. Since the law is still new, we don’t yet know how often courts are agreeing to review cases. However, because every county was required to put a plan in place by March 1, 2025, we expect to start seeing how those plans are actually being used in practice in both Nevada and Placer counties.

How do you get resentenced under AB600?


The court may review your case automatically. If it doesn’t happen automatically, a lawyer can invite the court to look at your sentence. Hire a defense lawyer to send a request to the court.

The request will include two things:

1. The sentencing law that has changed and which now applies to your case.

2. Why resentencing you, specifically, is in the interest of justice, as well as information that shows you would not pose a danger to public safety.

If the judge chooses to consider the request from your lawyer, they can grant resentencing without a hearing if the District Attorney (DA) agrees. If the DA or prosecuting authority doesn’t agree, a hearing is required.

How do I know if my request to get resentenced under AB600 worked?


There are three potential outcomes for an AB600 request.

1. The judge does not respond to the initial request. You will not get resentenced.

2. The judge could deny the request, and the lawyer will let you know.

3. The judge responds to the initial request and will schedule a resentencing hearing where both parties (the defendant and the prosecutor) present evidence to justify their position. Your lawyer will let you know if this is happening.  If the judge agrees with the defendant, another hearing will be held to recall the original sentence and impose a new sentence. Your lawyer will let you know.

Should you pursue an AB600 resentencing?


Every case is different. It’s best to schedule a consultation with an attorney to discover whether resentencing will be worth pursuing, given the facts of your situation.

Nevertheless, it is wise to make the call to a lawyer, especially if you are serving a long sentence with enhancements, were a young offender, or are an elderly inmate. Resentencing can be a life-changing opportunity for you. In some cases, it can get you out of jail right away if you’ve served enough time.

Reach out today.

What is the difference between recalling sentencing vs. resentencing?


They are both parts of a two-step process allowing you to receive a new sentence. If you are eligible and a judge approves, the sentence will need to be recalled and then during resentencing, you’ll get a new sentence.

Are there other ways to get a sentence modified that are not AB600?


Yes. The California Department of Corrections and Rehabilitation (CDCR), the parole board, the District Attorney (DA), or the Attorney General (AG) may also initiate a sentence modification.

AB600 resentencing cases studies in California

Since AB 600 has passed, there have been many people who have been able to get their sentences recalled and resentenced. Below are examples from California courts.

Case study: aggravated robbery resentencing

A defendant originally received a 210-year sentence for six counts of robbery in a third strike case. The court had imposed the aggravated (highest) terms for each count. However, due to changes in the law regarding how aggravated terms can be applied, the sentence was no longer valid.

Under the new rules, a court can only impose the aggravated term if aggravating circumstances are admitted or proven. In this case, they weren’t. As a result, the court resentenced the defendant using the middle term, reducing the sentence to 26 years.

Because of time already served, the defendant was released. This case highlights how changes in the law around sentencing terms—especially aggravated versus middle terms—can lead to significant reductions. The issue of “unreasonable risk” was not resolved in this case and is still being litigated statewide.

Case study: attempted premeditated murder resentencing 

A defendant was originally sentenced to 27 years to life for attempted premeditated murder, which included a 20-year gun enhancement. After changes in the law gave courts more discretion over firearm enhancements, the court resentenced the defendant with a reduced 10-year gun enhancement.

This lowered the sentence to 17 years to life. As a result, the defendant became immediately eligible for a parole hearing. This case shows how sentencing reform—especially around gun enhancements—can significantly change parole timelines.

Case study: aggravated kidnap robbery assault resentencing 

A defendant was originally sentenced to 6 years to life for aggravated kidnapping, robbery, and assault. The life sentence came from the aggravated kidnapping charge.

Under the new law, the judge ruled that the defendant could now be resentenced for a lesser form of kidnapping that didn’t carry a life term. Even though the district attorney objected, the judge replaced the life sentence with a 10-year sentence.

Because the defendant had already served enough time, they were released right after resentencing. This case shows how judges now have more power to resentence someone based on lesser included charges, which wasn’t clearly allowed before.

Case study: robbery with prior strike resentencing 

A defendant was originally sentenced to 17 years for robbery with a prior strike. Part of that sentence included a 5-year enhancement for a prior serious felony—commonly called a “nickel prior.”

The court decided to strike the nickel prior and resentenced the defendant to 12 years instead. A 5-year reduction is considered a “meaningful modification” under AB 600.

This case is especially important because many people are serving extra time due to nickel priors, and it shows that removing them can lead to real sentence reductions.

Does AB600 apply to sentences from before the law took effect?

Potentially. There is some vagueness in the language of AB600, so the law could be applicable to any case sentenced prior to its effective date. 

That’s why it’s important to speak with a lawyer who understands both the recent legal changes and how your local court is handling these cases. Our attorneys in Placer and Nevada counties can help determine whether AB600 could lead to a meaningful change in your sentence, or that of a loved one.

How a Lawyer Can Help You with Resentencing Under AB600

If you or a loved one believes there has been a change in the sentencing laws as applied to your case, contact us—we can evaluate your case and make a recommendation to invite the court to recall a sentence.

Here are the factors we would evaluate when deciding whether it is worthwhile to pursue resentencing in your case.

  • Your current sentence.
  • The laws applying to your case.
  • Why resentencing you is in the interest of justice.
  • Evidence you are no threat to public safety.
  • Whether there is mitigating information, we can provide to the court.

Call us at 530-823-7700 to see if we can save you legwork that is difficult to do from prison, like obtaining your criminal file or CDCR file. 

The Cohen Defense Group, with offices in Auburn, Roseville, Nevada City, and Truckee, CA, can help with that and can help you make the best possible argument before the court that resentencing is appropriate in your case.

Contact us to get help today.

About Roy Park

Roy Park HeadshotRoy Park graduated from Duke University, received his law degree from the University of California College of the Law, San Francisco, studied at the University of Sydney, Australia and earned a Master of Laws from the Koguan School of Law in Shanghai, China. Currently pending certification by the California State Bar as a Criminal Law Specialist, Roy's work ethic, intellect and broad experience make him an exceptional litigator and advocate. Roy has over nine years of experience in criminal defense, and has handled every kind of case, from DUI's to major felonies, including domestic violence, sex crimes, and homicides.