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What Is Military Diversion Under PC 1001.80?

A California Law That Honors Veterans with a Second Chance

If you’re a current or former member of the U.S. military facing criminal charges in California, you may qualify for a pretrial diversion program that puts rehabilitation over punishment.

It’s called military diversion, and under Penal Code 1001.80, eligible service members and veterans can have their case paused while they receive treatment—and even have the charges dismissed once completed.

If you’re asking, "Does military diversion apply to my case?" — this guide breaks it down in plain English.

 

What Is Military Diversion Under PC 1001.80?

Military diversion is a pretrial diversion program for veterans and active-duty service members who are facing misdemeanor charges and are suffering from service-related issues such as:

  • PTSD
  • Traumatic Brain Injury (TBI)
  • Substance abuse
  • Mental health disorders
  • Sexual trauma

Under PC 1001.80, the court can divert a criminal case while the defendant receives treatment and counseling instead of going through traditional prosecution.

If the program is completed successfully, the case is dismissed, and the defendant avoids a criminal conviction.

 

Who Qualifies for Military Diversion?

To be eligible for military diversion under Penal Code 1001.80, the defendant must:

  1. Be a current or former member of the U.S. military (any branch, including reserves or National Guard).
  2. Be charged with a misdemeanor offense.
  3. Suffer from a service-related condition like PTSD, TBI, substance abuse, or another mental health issue.
  4. Be willing to participate in and complete an approved treatment program.

The court usually requires a diagnosis or evaluation to confirm the service-related condition, and will often request input from the Department of Veterans Affairs (VA) or another qualified provider.

 

What Kinds of Charges Are Eligible for Military Diversion?

Military diversion is limited to misdemeanors, but it can cover a wide range of cases, including:

  • DUI (driving under the influence)
  • Domestic battery (PC 243(e)(1))
  • Drug possession
  • Petty theft
  • Vandalism
  • Trespassing
  • Public intoxication

Note: A judge has discretion to deny diversion if the facts of the case or the defendant’s history suggest a risk to public safety or a lack of suitability for treatment.

 

What Happens During Military Diversion?

Once diversion is granted, the court suspends the criminal case for up to two years. During this time, the defendant must comply with a treatment program, which may include:

  • Individual or group therapy
  • Substance abuse counseling
  • Residential or outpatient rehab
  • Regular court check-ins
  • VA-supervised treatment

The defendant’s progress is monitored by the court. If treatment is completed successfully:

  • The case is dismissed
  • The arrest record is sealed
  • The defendant avoids a criminal conviction

If the defendant fails to comply, the court can end diversion and resume prosecution.

 

Does Military Diversion Apply to My Case?

This is one of the most powerful tools available to veterans facing criminal charges—but it’s not automatic. Every court and judge handles these petitions differently.

You may qualify for military diversion if:

  • You have a military background
  • Your charges are misdemeanor only
  • You have a service-related mental health or substance issue
  • You’re ready to participate in treatment

If you meet these criteria, your case might be eligible—even for a DUI or domestic battery charge.

 

Why Military Diversion Matters

Military diversion recognizes that combat-related trauma and the transition to civilian life can contribute to legal trouble. This law offers a path toward recovery, not punishment, and helps preserve your future.

Benefits of military diversion:

  • Avoid jail time
  • No conviction on your record
  • Access to treatment and support
  • Case dismissed and arrest sealed
  • No need to enter a guilty plea

It’s a second chance built specifically for those who served.

 

Final Thoughts

Still wondering, “Does military diversion apply to my case?”
Don’t try to figure it out alone.

Whether you’re facing a DUI, domestic charge, or another misdemeanor, you may qualify for PC 1001.80 diversion—and avoid a conviction altogether.

Contact our office today to speak with a defense attorney who understands how to fight for military diversion and help you get the treatment and outcome you deserve.

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