Diversion Guide
Can You Get Pretrial Diversion for a Felony? What Decides It
Yes, in some cases. In California, a few diversion laws can cover certain felony charges. Each has its own requirements and exclusions, and the court makes the final decision. There is no checklist that guarantees diversion for a felony.
Quick answer
Can a Felony Be Diverted in California?
- Mental health diversion under Penal Code §1001.36 can apply to many felonies, with listed exclusions.
- Military diversion under §1001.80 covers certain offenses, including some county-jail felonies.
- Drug-related deferred entry of judgment under §1000 covers some drug offenses.
- Judge-granted diversion under §1001.95 is for misdemeanors, not felonies.
Possible paths
Felony Charge: Which California Diversion Laws Might Apply?
Three lanes showing mental health diversion, military diversion and drug-related deferred entry for some felonies.
Mental health (§1001.36)
- Qualifying disorder
- Significant role in offense
- Listed exclusions
Military (§1001.80)
- Service-related condition
- Certain offenses only
Drug DEJ (§1000)
- Some drug offenses
- Statutory limits
§1001.36
Mental Health Diversion Can Cover Many Felonies
Penal Code §1001.36 allows a court to consider diversion when a qualifying disorder played a significant role in the offense and other conditions are met. It excludes certain serious offenses, such as murder and some sex offenses. See Mental Health Diversion.
§1001.80
Military Diversion for Some Offenses
§1001.80 covers current and former service members whose service-related condition meets the statute. It applies to misdemeanors and certain felonies punishable in county jail. See Military Diversion.
§1000
Some Drug Offenses Use Deferred Entry
Penal Code §1000 covers certain drug offenses and has its own limits. See PC 1000 in California. HS §11395 treatment-mandated felonies are different; see Treatment-Mandated Felony.
Limits
Laws That Do Not Cover Felonies
Judge-granted diversion under §1001.95 is limited to misdemeanors. Some counties also run local programs with their own rules. Ask counsel what exists locally.
Legal note
Felony diversion depends on the exact charge, statute and court. Only an attorney can advise on your case.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS can coordinate assessments, treatment, monitoring and records, and share them with counsel when authorized.
Responsibilities
Who Does What?
Defense attorney
Chooses which statute, if any, to raise.
Prosecutor
May agree or oppose.
Court
Decides whether diversion is granted.
Clinician
Evaluates and treats.
ETS
Coordinates services and records.
Questions
Felony Pretrial Diversion: FAQs
Sources & Legal References
Confidential consultation
Support While Counsel Pursues Options
ETS can coordinate assessments, treatment and records.
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