Alternative Sentencing Available in California for Veterans With PTSD

Penal Code 1170.9 provides for alternative sentencing for Veterans who can show that he or she committed an offense as a result of post-traumatic stress disorder, substance abuse, or psychological problems stemming from service in combat in the United States military. If the court finds that the veteran’s crime was committed as a result of one of those factors related to serving in combat, and the court places the person on probation, existing law authorizes the court to place the person into a treatment program, and provides that the defendant receives sentence credits for residential treatment, as specified.

A new bill, AB 674, passed by the assembly and senate and approved by the Governor amends Section 1170.9 of the Penal Code and allows a court to order a defendant who committed an offense as a result of sexual trauma or traumatic brain injury resulting from military service into a treatment program or veteran’s court for a period not to exceed that which the defendant would have served in state prison or county jail. The bill authorizes the court to request, through existing resources, an assessment to aid in the determination of whether the defendant may be suffering from any of those disorders. The bill eliminates the requirement that the offense be committed as a result of problems stemming from service in a combat theater.

If you or a loved one are a veteran and has been charged with a crime, you should call the experienced Southern California defense attorneys at Wallin & Klarich immediately. Our attorneys have the skill and expertise to provide you with the best possible defense. Our experience with Veteran’s Court is invaluable to your defense. For this reason, it is important to hire an experienced attorney from Wallin & Klarich. Our attorneys can be reached by phone at 1-888-280-6839. We will be there when you call.