Veterans in California May Qualify for Military Diversion Without Proving Their Service Directly Caused the Offense
In a recent Orange County case, a Marine Corps veteran was charged with four misdemeanor DUI offenses after a traffic stop. He applied for military diversion under California Penal Code §1001.80, which allows current and former service members to receive treatment instead of facing criminal punishment.
The veteran submitted strong evidence, including discharge papers, psychological reports, and over 250 pages of VA medical records showing alcohol use disorder and other conditions linked to his military service. The district attorney did not oppose his request.
Still, the trial court denied diversion, saying there was “no connection” between his alcohol abuse and the DUI arrest, and suggesting his drinking started before he joined the military.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense attorneys near you.
What the Court of Appeal Decided
The veteran appealed, and the higher court granted relief, ruling that the trial judge applied the wrong legal standard.
Here’s why:
- Misdemeanor Cases – Under Penal Code §1001.80(b), veterans charged with misdemeanors are eligible for diversion if (1) they served in the military, and (2) they may suffer from conditions such as PTSD, traumatic brain injury, substance abuse, or other service-related mental health problems.
- Felony Cases – For felonies, Penal Code §1001.80(c) adds an extra requirement: the condition must have been a “significant factor” in the commission of the offense.
The Legislature clearly limited the “significant factor” requirement to felonies. That means veterans charged with misdemeanors do not need to prove that their military-related condition caused the crime.
The Court of Appeal also explained that the word “may” in the statute sets a low bar. Veterans only need to show a reasonable possibility that they suffer from a qualifying condition because of their service — not that it probably or definitely caused the offense.
Why This Matters
This decision is important for veterans facing misdemeanor charges in California. Military diversion can give veterans the chance to enter treatment, get support, and have their charges dismissed after successful completion of the program.
If courts required proof that a condition directly caused the offense, many veterans could lose access to diversion. The law was designed to give service members a second chance, recognizing the lasting impact of military service on mental health and substance use.
How an Experienced Defense Attorney Can Help
Military diversion is not automatic. Judges can still deny requests, and prosecutors may challenge eligibility. To succeed, you need an experienced defense attorney who understands the statute, the case law, and how to present the strongest possible evidence of your military-related conditions.
Call Wallin & Klarich Today
If you or a loved one is a veteran facing criminal charges in California, don’t wait. The law may give you the opportunity to avoid a criminal conviction and get the help you deserve. At Wallin & Klarich, our attorneys have been defending veterans and protecting their rights for over 40 years. We know how to navigate the courts, file motions for diversion, and fight for the dismissal of charges after treatment is completed.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
