Defendant commits financial fraud in an occupied home, which is a residential burglary that is classified as “violent” because the homeowners were present. Defendant was a nonviolent offender, however, California law classifies this felony as violent for the purpose of California THEFT sentencing.
This law should not include white collar criminals who are nonviolent offenders. It is unjust and cruel punishment to convict someone of something they never did. The law needs to exclude these victims because they are serving unjust jail time.
The steps are to contact your state legislators and convince them to change the law.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
You contact you elected state officials. It's high school civics. (how the government works)
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts...
You can contact your local member of the state senate or assembly. You could also try to qualify a ballot initiative.
As someone who has personally written California legislation that became law, I can confidently tell you that you have no reasonable chance of succeeding with this project.
This answer is a general discussion of legal principles by a California lawyer. It does not create an attorney-client relationship. Free initial consultation applies only to individuals with current or potential criminal charges in Butte County, California and adjoining counties.
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