Penal Code Section 1001.80 – Military Diversion Program

California recognizes the unique challenges faced by veterans and active-duty military personnel who have served our country. Penal Code Section 1001.80 establishes a military diversion program that allows eligible service members to enter treatment and rehabilitation instead of facing jail time for certain misdemeanor and felony offenses. This program is designed to address the root causes of criminal behavior by providing comprehensive mental health and substance abuse treatment instead of punitive measures.

To qualify for military diversion under Penal Code Section 1001.80, a defendant must meet the following conditions:

• The defendant is a current or former member of the U.S. military.

• The defendant is charged with a misdemeanor or felony offense

  • Previously, until January 1, 2025, military diversion was limited to misdemeanor charges. Now, veterans and active-duty military facing most felony charges can potentially be diverted from prosecution.

• The defendant is suffering from one or more of the following as a result of military service:

  • Post-traumatic stress disorder (PTSD)

  • Traumatic brain injury (TBI)

  • Military sexual trauma

  • Substance abuse (drug or alcohol addiction)

  • Mental health problems

• A judge finds that the defendant’s condition was a significant factor in the commission of the offense unless there is clear and convincing evidence that it was not a motivating factor, causal factor, or contributing factor to the defendant’s involvement in the alleged offense.

• The Defendant consents to Military Diversion and waives his/ her speedy trial right.

A Los Angeles criminal defense lawyer can help determine whether you qualify for military diversion and assist in presenting a compelling case for entry into the program.

The military diversion program applies only to misdemeanor offenses. Some of the most common eligible crimes include, but are not limited to:

• DUI (Driving Under the Influence) – Vehicle Code 23152(a), (b)

• Drug possession – Health & Safety Code 11350

• Simple assault – Penal Code 240

• Assault with a deadly weapon – Penal Code 245

• Domestic battery – Penal Code 243(e)(1)

• Domestic violence – Penal Code 273.5

• Petty theft – Penal Code 484(a)

• Disorderly conduct – Penal Code 647

• Indecent exposure – Penal Code 314(1)

• Trespassing – Penal Code 602.8

• Reckless driving – Vehicle Code 23103

Once accepted into the military diversion program, the defendant’s criminal proceedings are paused while they undergo court-approved treatment. The Court is required to give preference to programs with a demonstrated history of specializing in the treatment of mental health problems, including substance abuse, post-traumatic stress disorder, traumatic brain injury, military sexual trauma, and other related mental health problems. Therefore, treatment typically includes:

• Mental health counseling

• Substance abuse rehabilitation

• PTSD therapy and support groups

• Education and job training programs

A Los Angeles criminal defense lawyer can advocate for an individualized treatment plan that meets the court’s requirements while providing meaningful rehabilitation.

Successful completion of the military diversion program results in the dismissal of charges, preventing the offense from appearing on the defendant’s criminal record. If the program is not successfully completed, criminal proceedings will resume, and the defendant may face standard sentencing.

Once a defendant completes the military diversion program, their criminal charges are dismissed and sealed. This means:

• The defendant will not have a criminal record related to the offense.

• The arrest and charges will not appear on background checks.

• The defendant does not need an expungement since no conviction occurred.

One of the strongest legal defenses for military personnel is proving that their mental health condition, such as PTSD or TBI, contributed to the alleged offense. Medical records, VA reports, and expert testimony can be used to establish this defense.

In some cases, a military service member may have acted without intent due to medication side effects, mental health conditions, or substance dependency related to service trauma. A skilled Los Angeles criminal defense lawyer can argue that criminal intent was lacking, potentially leading to charge reduction or dismissal.

If law enforcement violated constitutional rights, conducted an unlawful arrest, or failed to properly gather evidence, a defense lawyer may challenge the validity of the case and seek dismissal of charges.

If you are a veteran or active-duty service member facing criminal charges, contact a Los Angeles criminal defense lawyer immediately. Early intervention can significantly impact the outcome of your case.

Supporting documentation such as military service records (e.g. DD 214), medical reports, and character references can strengthen your eligibility for military diversion.

Do not discuss your case with law enforcement or prosecutors without an attorney present. Anything you say can and will be used against you in court.

At DCD LAW, we have extensive experience defending veterans and active-duty military personnel charged with misdemeanor offenses. Our team understands the challenges faced by service members and is dedicated to helping them qualify for military diversion.

We take a personalized approach to defense, focusing on:

1. Proving eligibility for military diversion.

2. Challenging the prosecution’s case.

3. Negotiating for alternative sentencing options.

Choosing DCD LAW for military diversion defense offers the advantage of specialized knowledge in military law and diversion programs. Our experienced team understands the complexities of military processes and provides tailored defense strategies to ensure the best outcome. With a proven track record, we are committed to protecting the rights of veterans and active-duty military personnel.