The State of California allows certain individuals to avoid jail time, and in some situations obtain a dismissal of all charges, if they receive treatment for related mental health conditions.

California Penal Code §1001.80 establishes the requirements of military diversion. If a military veteran or active duty service member can show that they have been diagnosed with a mental health condition related to their service (e.g., PTSD, TBI, substance use, military sexual trauma, etc.), then they may qualify for military diversion.

Military diversion is only available for misdemeanor charges, such as petty theft, domestic violence, public intoxication, and driving under the influence (DUIs). However, if you are charged with a felony, you may still be able to avoid jail time through Veterans Treatment Court under California Penal Code §1170.9.

Military diversion requires participants to attend individual therapy, group therapy, to maintain sobriety, and to attend regular court appearance for progress reports. If a participant successfully completes the program, which can last up to 2 years, then their case will be dismissed and their records will be sealed.

Dallis Cavallaro with Cavallaro Criminal Law, P.C. has helped countless veterans and active duty service members successfully complete military diversion and obtain a dismissal of their charges. If you you are a military veteran facing criminal charges, contact us for a free consultation.