Can I Get Pretrial Diversion if I’m Charged With Battery?

If you’ve been charged with battery in Indiana, especially if it’s the first time you’ve been charged with any crime, it may be possible to have your prosecution deferred if you agree to the terms offered by the prosecutor in your case. Whether or not your case qualifies you for a diversion program is something you should discuss with your attorney. At Razumich & Associates, we understand how diversion programs work in counties all across Indiana and can advise you about the chances for your case to resolve itself through a diversion program rather than a plea bargain or a trial. 

A Battery Charge Won’t Automatically Disqualify You From a Diversion Program

Pretrial diversion recommendations are made at the discretion of the local prosecutor. That means that there is no set formula for determining whether your case will be eligible. There are, however, factors that prosecutors will consider when deciding whether to agree to divert or defer the prosecution of a particular defendant. 

One of the main things prosecutors will take into account is how severe the charges are. There are some charges, such as murder, that are not eligible for a diversion program. Battery is not one of these. It’s a charge that can broadly cover many different types of conduct. A battery charge can range from a Class B misdemeanor (the second-lowest misdemeanor level in Indiana) all the way up to a Level 2 felony (the second-highest felony level), depending on the circumstances and the harm that is suffered by the victim. As you might guess, those circumstances and the level of harm can have a significant impact on whether a prosecutor will be willing to approve diversion in a case where battery is the charge.

Prosecutors will consider a number of other factors when deciding whether to divert a criminal case. These include: 

• Whether the defendant is a first-time offender
• The chances that the defendant will cooperate with the conditions of the diversion or deferral program
• How the diversion or deferral of the charges may impact the community
• Whether the defendant will likely commit future crimes
• If the defendant can pay restitution to the victim or victims
• Any other circumstances that may argue for or against diverting or deferring the case

You Need an Advocate if You Want to Seek Diversion

At Razumich & Associates, we understand the factors that prosecutors across Indiana use when deciding whether to approve pretrial diversion in battery and other criminal cases. If we believe your case has a chance of being diverted or deferred, we’ll use our experience and knowledge of how those decisions are made to give prosecutors the information they need to approve your request. Whether the request is approved or not, we will be in your corner, fighting for your rights and defending you against the charges you’re facing. 

Call Razumich & Associates today at 317-983-5333 or use our contact form to schedule a consultation to learn more about how we can help you defend against the charges you’re facing.