If you are facing a domestic violence charge in San Diego, CA, and hoping to resolve it through a pre-trial diversion program, it is important to understand where California law currently stands on that option.
Generally, domestic violence offenses are expressly excluded from the standard misdemeanor judicial diversion program, meaning the path that is available for many other misdemeanor charges is simply not available for these defendants.
That does not mean every alternative is off the table, but it does mean the situation is more nuanced than it might appear at first. Understanding what options may be available in San Diego County is an important first step for anyone charged with this serious offense.
Blair Defense Criminal Lawyers can help you navigate the complexities of San Diego’s legal landscape. Call us today at (619) 357-4977 and schedule a free case review with our San Diego domestic violence lawyers to take the first step towards protecting your future.
Why Choose Blair Defense Criminal Lawyers If You’re Arrested for Domestic Violence in San Diego, CA?
Domestic violence charges in San Diego, California, can carry significant legal and personal consequences. Choosing the right defense lawyer is an important decision, especially when the outcome of your case may affect your freedom, career, and reputation.
Blair Defense Criminal Lawyers offers:
- 15+ years of criminal defense experience
- Team members who have earned recognition from Super Lawyers, The National Trial Lawyers Top 100 Attorneys, and Top 40 Under 40 Trial Attorneys
- A defense strategy built around the specific facts of each client’s case rather than a one-size-fits-all approach
- Representation throughout every stage of the criminal justice process
- A free case evaluation to discuss your charges and potential legal options
Our experienced San Diego criminal defense attorneys are well-versed in the specific statutes and local court practices surrounding domestic violence cases. We can explore potential avenues, such as deferred entry of judgment or other negotiated resolutions, that might be available given the specific circumstances of your case.
Reach out to us today to learn more and to schedule a free consultation.
Overview of Pre-Trial Diversion in California
Pre-trial diversion is a program that allows certain defendants to avoid a conviction by completing specific requirements, such as counseling, community service, or treatment programs, in exchange for having their charges dismissed. The goal is to address the underlying circumstances that contributed to the alleged offense rather than relying solely on criminal penalties.
Under California Penal Code § 1001.95, judges have the authority to grant misdemeanor judicial diversion in many qualifying cases. Domestic violence charges, however, are expressly excluded from that statute.
Can Someone Charged With Domestic Violence Be Admitted into a Pre-Trial Diversion Program?
The short answer is that standard judicial diversion is generally unavailable, but there is one limited exception worth understanding. California’s Mental Health Diversion Program under Penal Code § 1001.36 allows certain defendants with qualifying mental health disorders to be considered for diversion, even when standard judicial diversion is unavailable.
This is not a domestic violence diversion program. Instead, it is a mental health treatment program that may apply in certain domestic violence cases if all statutory requirements are satisfied and the court determines diversion is appropriate.
Who Qualifies for Mental Health Diversion?
Mental health diversion is available in both misdemeanor and felony cases. Unlike judicial diversion under Penal Code § 1001.95, domestic violence offenses are not automatically excluded from consideration under Penal Code § 1001.36.
To qualify, several legal requirements must be satisfied.
First, the defendant must have a qualifying mental health disorder recognized by the Diagnostic and Statistical Manual of Mental Disorders (DSM), such as bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder (PTSD). Certain disorders, including antisocial personality disorder and pedophilia, are specifically excluded.
Second, the mental disorder must have been a significant factor in the conduct underlying the offense. California law generally creates a rebuttable presumption that the disorder was a significant factor when there is a qualifying diagnosis, unless clear and convincing evidence establishes otherwise.
How Does the Court Evaluate Diversion Eligibility in Domestic Violence Cases?
Beyond eligibility, the court must determine that diversion is appropriate under the circumstances.
Among other things:
- A qualified mental health expert must conclude that the defendant’s symptoms are likely to respond to treatment.
- The defendant must consent to diversion and agree to comply with a treatment plan.
- The court must determine that the defendant would not pose an unreasonable risk to public safety if treated in the community.
If diversion is granted, treatment may continue for up to one year in misdemeanor cases or up to two years in felony cases. Upon successful completion of the diversion program, the criminal charges may be dismissed under Penal Code § 1001.36.
What Should You Do After a Domestic Violence Arrest?
The period immediately following an arrest can affect how a case moves forward. While every situation is different, taking thoughtful steps early in the process may help protect your legal interests.
After an arrest, it may be important to:
- Comply with all release conditions and protective orders issued by the court
- Attend every scheduled court appearance
- Preserve any evidence that may be relevant to your case, including text messages, emails, or photographs
- Avoid discussing the allegations with others before obtaining legal guidance
Speak with a San Diego criminal defense attorney as soon as possible to better understand your options
Schedule a Free Case Evaluation With Our San Diego Domestic Violence Attorneys Today
While standard judicial diversion is generally unavailable for domestic violence charges in California, there are limited alternatives that may be worth exploring depending on the facts of a particular case. Mental health diversion, negotiated resolutions, or other legal strategies may be available in some situations.
Blair Defense Criminal Lawyers represents individuals throughout San Diego who are facing domestic violence allegations and other criminal charges. The firm can review the circumstances of your case, explain whether diversion or other legal options may be available, and help you understand what to expect as your case moves through the criminal justice system.
Contact Blair Defense Criminal Lawyers to schedule a free consultation with an experienced San Diego domestic violence lawyer today.