I am a proud Asian American, born in Los Angeles and raised in the San Francisco Bay Area. I am also a proud criminal prosecutor, having specialized in felony gun crimes in New York City and domestic violence and violent felonies in Silicon Valley. Like many others, I am heartbroken by the recent surge in violence against Asian Americans, both here in the Bay Area and elsewhere in our country.

Violence against any individual — regardless of race, ethnicity or national origin — is unacceptable. Violence against Asian Americans is unacceptable. As we celebrate Lunar New Year, during an unprecedented second impeachment trial of former President Donald Trump for inciting an insurrection at the U.S. Capitol, we should reflect on the increasing violence in our communities and work together to find common-sense solutions.

Like other states, California is in the midst of criminal justice reform, and “progressive prosecutors” are making sweeping changes in big cities such as San Francisco and Los Angeles. Criminal justice reform is necessary and good. However, it needs to be balanced, to protect victims and communities. Public safety should be paramount. We should not create a revolving door for repeat offenders.

For example, the suspect in the recent Oakland Chinatown attack on a 91-year-old Asian man had two prior felony assault convictions. Under existing California law, this suspect would likely be eligible for mental health diversion, in which all of his charges would be dismissed within two years. How is that justice? The mental health diversion statutory scheme is so loose in California that unless you are a convicted murderer or rapist, you can be eligible for dismissal of all of your charges — including serious and violent felonies —  so long as you can identify a mental disorder in the DSM-5, which is not a difficult task.

There is a growing movement in California to neuter the effects of serious and violent felony convictions (“strikes”) and sentencing enhancements. The intentions are good, but it is misguided. For example, state Sen. Nancy Skinner, D-Berkeley,  recently introduced SB 81, which would require a court to dismiss an enhancement if the current offense was connected to mental health issues, or if the current offense was connected to prior victimization or childhood trauma, or the firearm used in the current offense was inoperable or unloaded. To the Asian-American man recently robbed at gunpoint by two masked individuals at his Oakland home, what difference does it make if the firearms used were inoperable or unloaded? His fear and trauma were real, and the law should recognize that and punish individuals accordingly.

The shift away from mass incarceration is laudable, but it needs to take into better account the needs and rights of victims. For example, the recently created court-initiated misdemeanor diversion statute empowers judges to divert most defendants accused of misdemeanors. However, this diversion — which results in eventual dismissal of charges, including violent misdemeanors — can take place over the objection of prosecutors. It also does not require judges to hear from and consider the preferences of victims. This is in direct contradiction of the spirit of Marsy’s Law and the separation of powers that is the foundation of our government.

To all the Asian Americans and their allies outraged by the recent surge of racism and violence, we need to be more active participants in our government to prevent violence and protect victims and our communities. Although we are a small segment of the total population, we need to amplify our voices so that our legislators, law enforcement leaders and other political and community partners hear us and effect real change. We can’t just rely on celebrities to be our voices. We need to be the voice of change. And we need to be present where the decisions are being made.

Daniel M. Chung is a Santa Clara County Deputy District Attorney.