In recent years, many states have implemented a series of criminal justice reforms to reduce prison populations and focus on rehabilitation. In 2021, California passed a misdemeanor diversion law, enabling superior court judges to offer diversion programs to individuals charged with a qualifying misdemeanor offense. If you or a loved one is facing a misdemeanor charge in Los Angeles County, here’s what you need to know about the potential consequences of a misdemeanor conviction.
What California Law Says About Misdemeanor Diversion
California Penal Code section 1001.95 states, “A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant” as long as certain criteria are met. Once the defendant has completed and complied with all the terms and conditions, the judge may dismiss the action against the defendant. However, if the defendant fails to fulfill the requirements, the court will hold a hearing to assess whether to reinstate the criminal proceedings.
Misdemeanors That Qualify For Misdemeanor Diversion
Under the misdemeanor diversion law, several offenses qualify for this alternative sentencing option. For instance, qualifying misdemeanors may include offenses like DUI, carrying a concealed firearm, assault, or criminal threats. However, some misdemeanors do not qualify for diversion, such as offenses requiring sex offender registration, battery, and stalking. Your criminal defense lawyer will assess your case to determine whether the charges you face may qualify for misdemeanor diversion.
Striving For a Brighter Future
Those who successfully complete a misdemeanor diversion program can enjoy several positive effects. For instance, they may avoid a costly, lengthy, and stressful criminal trial while receiving the support they need to get their lives back on track. Additionally, successful completion allows the defendant to avoid having a criminal record, removing potential barriers to employment and housing options. If law enforcement has arrested you for a misdemeanor offense, contact a skilled and knowledgeable Los Angeles County criminal defense attorney right away to ensure your rights and future remain as protected as possible.
Call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with an experienced Los Angeles County criminal defense attorney.
