Finding an Alternative to Jail Through Court Advocacy and Mental Health Treatment
Our criminal defense lawyers successfully secured dismissal of a felony case through mental health diversion under Penal Code section 1001.95.
The case involved an entertainment industry executive who became involved in a road rage incident with another driver.
During the confrontation, both parties exchanged heated language. The other motorist alleged that our client struck the window of his vehicle with his fist and attempted to hit him with his car, causing property damage.
Following the incident, the alleged victim called 911 and filed a police report. Our client was later arrested and charged with:
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Criminal threats under Penal Code section 422
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A hate crime enhancement under Penal Code section 422.75
Our defense strategy focused on two objectives:
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Securing dismissal of the hate crime allegations
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Obtaining mental health diversion instead of incarceration for the felony threats charge
Immediately after the arrest, our client began participating in individual therapy and group mental health counseling.
Challenging the Evidence at the Preliminary Hearing – Penal Code 872(a)
At the preliminary hearing, our criminal defense attorneys challenged the legal and factual basis of the hate crime allegation.
The defense prepared extensively through investigation and by analyzing our client's version of events surrounding the altercation. During the hearing, our attorneys cross-examined the alleged victim and exposed inconsistencies between his original statements to police and his sworn testimony in court.
The defense also introduced character evidence from colleagues, friends, and members of the community.
This testimony demonstrated:
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Our client's professionalism
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His calm and respectful temperament
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A longstanding reputation inconsistent with discriminatory conduct or hate-motivated behavior
After considering the evidence, the judge ruled there was no probable cause to support the hate crime enhancement and dismissed the charge at the preliminary hearing.
Mental Health Diversion Granted Despite Prosecutor's Objection
Although our client had a prior criminal history, the record was non-violent and occurred many years before the current incident.
Our legal team argued that the client remained eligible for mental health diversion under Penal Code section 1001.95.
To support this request, we worked with a forensic psychologist who conducted a comprehensive mental health evaluation. The evaluation confirmed that our client suffered from qualifying mental health conditions, including:
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Autism spectrum disorder
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Attention-deficit/hyperactivity disorder (ADHD)
The psychological evaluation showed that these conditions significantly contributed to the behavior alleged in the case.
Our attorneys presented evidence demonstrating that:
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The mental health conditions were a substantial factor in the incident
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The client was highly amenable to structured treatment
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Clinical treatment was a more appropriate response than incarceration
Despite the prosecutor's objections, the court granted mental health diversion.
If the client successfully completes the required mental health treatment program, the criminal case will be dismissed and the record sealed.
What This Means for Clients Facing Violent or Threat-Based Charges
This case demonstrates that serious felony allegations can be successfully challenged through strategic legal advocacy and careful presentation of mental health evidence.
Defense attorneys may challenge the government's case at the preliminary hearing by:
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Exposing weaknesses in the prosecution's evidence
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Cross-examining witnesses
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Presenting affirmative defense testimony and character evidence
For example, a hate crime enhancement under Penal Code section 422.75 cannot be proven simply because offensive or heated language was used during a confrontation.
Prosecutors must prove that the alleged conduct was motivated by bias toward a protected characteristic. When evidence of discriminatory intent is weak, inconsistent, or contradicted by the defendant's history and character, the court may dismiss the allegation.
Additionally, individuals accused of crimes involving impulsive or emotionally reactive behavior may suffer from underlying mental health conditions that contributed to the alleged conduct.
When a qualified mental health professional confirms that a mental disorder substantially influenced the incident and that treatment is likely to be effective, California courts may determine that mental health diversion is more appropriate than incarceration.
Successful completion of diversion allows defendants to obtain dismissal of their charges and avoid a permanent criminal conviction.
If you are under investigation or charged with a crime, contact the California criminal defense lawyers at Eisner Gorin LLP for a consultation
If you have one phone call from jail, call us! If you are facing criminal charges,