Under the California law at 1001.80 PC, active members of the military or veterans might qualify for a military diversion program. If you are currently in the military or have been charged with a crime then you may be wondering can I get military diversion for domestic violence.
It’s a type of pretrial diversion program that allows you to receive treatment for certain conditions instead of having to do jail time. As soon as the program is successfully completed, then the charges are dropped and these charges won’t go on the individual’s criminal record. Military diversion could be an option for you if you are in or have been in the military and you’re in the midst of facing misdemeanor domestic violence charges.
Who is Eligible for the Military Diversion Program?
The first matter to address is who is exactly eligible for the military diversion program in the first place. There are particular conditions and requirements you must meet to be eligible. They are as follows:
- You must be a veteran or an active member of the military.
- The crime must be a misdemeanor offense.
- You need to be suffering from mental health problems, PTSD, sexual trauma, substance abuse, or traumatic brain injury.
- You have to be willing to seek and go through treatment for the condition.
- The condition that’s affecting you must have come about as a result of your military service.
Military Sexual Trauma – What Qualifies
Another question that’s important to answer is what qualifies as sexual trauma. Under federal law, military sexual trauma is defined as psychological trauma that results from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment that happened while the veteran was on active duty or inactive duty training, and in the judgment of a Veterans Affairs mental health professional. As far as sexual harassment goes it must be repeated physical or verbal contact of a sexual nature that is both threatening in nature and unsolicited. Some instances that may qualify as sexual trauma in the military are unwelcome sexual advances, coerced sex, and rape.
How Military Diversion Works
You don’t have to first enter a guilty plea in the case that you’re charged with a misdemeanor offense such as domestic violence and want military diversion. What you do instead is waive your right to a speedy trial. You will then receive treatment and education to address the matter at hand and all court proceedings will be postponed during this time. The chargers are dismissed when you complete the program entirely. Criminal proceedings will move forward if you fail to complete the program.
Domestic Violence in California
Under California law, domestic violence is defined as abuse committed against an intimate partner. It’s when an individual recklessly uses physical force and threats toward and against an intimate partner. According to the law, an intimate partner can be any one of the following:
- Current spouse
- Former spouse
- Registered domestic partner
- Fiancé
- Fiancée
- Cohabitant
- A person with whom the accused has a child
- A person the accused is seriously dating or was dating in the past
Military Diversion & Domestic Violence Charges
It’s also important to dive deeper into when military diversion is an option with domestic abuse charges. Some of the most common domestic violence charges are threats, battery, neglect, and abuse. In the state of California, some domestic violence charges are felonies while others are considered misdemeanors. Many are wobbly where they can go either way depending on factors such as prior convictions, circumstances, and injuries of the victim. In the case that you’re charged with a felony domestic violence charge then you will not be eligible for military diversion. You only qualify for a pre-trial diversion program if as the defendant you are charged with misdemeanor charges related to domestic abuse.
Working with A Bail Bondsman
Your criminal defense attorney can put in a request to the court for military diversion if you meet the criteria for it. Before making a final decision, the court might request an assessment. In the meantime, while you wait you likely want to get out of jail and start preparing your case and get back to your job or other loved ones. If you need to get out of jail quickly and affordably then you should contact Mr Nice Guy Bail Bonds right away. We offer some of the fastest releases from jail at the lowest rates. Why wait any longer? Make the call today so you can get out of jail and reclaim your freedom.
Why Choose Us
You never know when trouble may strike you and you find yourself sitting in jail. During this difficult time, you should remember that you have options. We provide 24-hour bail bonds services in the state of California and are here to help. Our service is affordable and fast and we have a very friendly staff that can assist you right away. We’ll answer all of your questions and guide you through the bail bond process and the next steps in your situation. You should consider using our services since bail amounts can be set high and you may not understand the ins and outs of the judicial and court system as well as we do. Often it’s much easier and wiser to contact a bail bondsman that can work with you to get you out of jail in a timely manner.
Next Steps
Mr Nice Guy Bail Bonds offers 24-hour bail bonds in California and we want to hear from you if you are stuck in jail. We can help get you out quickly and back to living your life. We will listen to your situation and case and offer the best advice for moving forward. Our bail bonds are available around the clock and our friendly staff is always here to pick up your call and assist you.
Contact us via our website or give us a call at (949)445-3420 today to learn more!
