Pursuant to the 2019 Domestic Violence Survivors Justice Act (DVSJA), individuals can be resentenced if they meet certain requirements, including corroborating evidence that at the time of the crime, they were a victim of substantial abuse that was a significant contributing factor to their criminal behavior. Appellate Advocates recently successfully litigated two cases that resulted in the immediate release of clients who met the statute’s requirements.
In 2005, Ms. J was convicted of second-degree murder and sentenced to a prison term of 25 years to life. Following extensive litigation and a lengthy hearing, the court concluded that at the time of the crime, Ms. J was the victim of domestic violence in which she was subjected to substantial physical, sexual, and psychological abuse. The court further concluded that the abuse was a significant contributing factor to her criminal behavior and that the original sentence, in light of this abuse, was unduly harsh and excessive. As a result, the court re-sentenced Ms. J to a term of 15 years and five years post-release supervision. She was immediately released, having already served more than 22 years.
Attorneys Alexis A. Ascher & Lauren Katzman represented Ms. J and Elia Johnson provided social work assistance
Ms. M pled guilty to first-degree manslaughter in 2015 and was sentenced to a prison term of 25 years in prison to be followed by 5 years of post-release supervision. The conviction arose out of an incident in which she and her longtime abuser had an altercation. Appellate Advocates filed a motion pursuant to the DVSJA, detailing the extensive substantial sexual, psychological, and physical abuse she endured over the course of 27 years. The prosecution ultimately consented to a resentencing and Ms. M was resentenced to a prison term of 13 years, resulting in her immediate release.
Attorneys Alexis A. Ascher & Lauren Katzman represented Ms. M and Elia Johnson provided social work assistance