California Military Diversion (PC 1001.80): A Simple Guide for Veterans and Active-Duty Service Members

If you’re a current or former member of the U.S. military facing misdemeanor criminal charges in California, you may qualify for Military Diversion under Penal Code § 1001.80. This program allows you to receive treatment for service-related conditions instead of jail time, and if you complete the program successfully, your charges can be dismissed.

Who Qualifies for Military Diversion?

To be eligible for Military Diversion, you must meet all of the following criteria:

1. Military Service: You are a current or former member of the U.S. military, including active duty, reserves, or National Guard.
2. Criminal Charges: You are charged with a misdemeanor offense.
3. Service-Related Condition: You may be suffering from:
   1. Post-traumatic stress disorder (PTSD)
   2. Traumatic brain injury (TBI)
   3. Military sexual trauma
   4. Substance abuse (drug or alcohol addiction)
   5. Mental health problems

1. Connection to Offense: Your service-related condition was a significant factor in the commission of the offense.
2. Consent: You agree to participate in the diversion program and waive your right to a speedy trial.

How Does Military Diversion Work?

1. Request for Diversion: Your attorney files a motion requesting Military Diversion at the earliest opportunity.
2. Court Assessment: The court reviews your eligibility and the connection between your service-related condition and the offense.
3. Treatment Plan: If approved, the court orders a treatment plan, which may include counseling, therapy, or rehabilitation programs.
4. Program Duration: The diversion period typically lasts up to two years.
5. Completion: Upon successful completion of the program, the court dismisses the charges, and your arrest record may be sealed.
6. Non-Completion: If you fail to complete the program, criminal proceedings resume.

See here for the Superior Court of California’s Military Diversion Information Sheet Procedural Guidelines.

Benefits of Military Diversion

• Avoid Jail Time: Receive treatment instead of serving a jail sentence.
• Dismissal of Charges: Successfully completing the program leads to the dismissal of charges.
• Sealed Record: Your arrest and charges may be sealed, improving future employment prospects.
• Access to Treatment: Address underlying mental health or substance abuse issues related to your military service.

Important Legal Considerations

• Felony Charges: As of January 1, 2025, Military Diversion is available for veterans accused of certain felony offenses, expanding eligibility beyond misdemeanor charges.
• No Minimum Service Requirement: There is no minimum length of military service required to qualify for the program. 

Why You Need an Experienced Attorney

Navigating the Military Diversion program can be complex. An experienced criminal defense attorney can:

• Assess your eligibility for the program.
• File the necessary motions in court.
• Coordinate with treatment providers and ensure compliance with court orders.
• Advocate on your behalf to ensure the successful completion of the program.

If you or a loved one is a veteran or active-duty service member facing criminal charges, consult with a qualified criminal defense lawyer form the Law Office of Victor Nasser to explore your options under PC § 1001.80.