When someone agrees to the diversion program for simple assault what could it be?

Asked about 2 years ago - Indianapolis, IN

First time offender.

My wife was the victim of a simple assault. We never received a response from the prosecutor handling the case, just that the person who committed the crime agreed to a diversion program. Thanks for your help.

Attorney answers (2)

  1. Gregg Jason Stark

    Pro

    Contributor Level 7

    3

    Lawyers agree

    1

    Answered . Not quite clear on the scope of your question but I will try to interpret. First off, there is no crime of "assault" in Indiana unlike some other states. I would think the crime within which the diversion covered was probably for the crime of battery in Indiana.

    It is usually the policy of a county prosecutor or judge in Indiana to determine whether something called, "victim notification" had taken place in order to solicit the input of the agrieved party and his or her thoughts on any proposed resolution of a criminal case of this nature. It is apparent from your question that such notification was apparently not commenced within this criminal prosecution and for that I am sorry.

    If eligible for a diversion program the likelihood is that the offender had no prior convictions or arrests so as to make the accused individual eligible for such an outcome. Usually "behavior modification" classes counseling and the like will be required of the defendant who can typically earn a dismissal if all rehab and other requirements imposed are fulfilled. Eligibility for such a disposition is often dependant on the Indiana county that the battery or domestic violence case is prosecuted in. Sometimes, if the prosecution believes that they have a weak case to present, the assigned proescutor may stretch the eligibility of a deferral agreement as a more favorable alternative to an outright dismissal of such a case.

    Unfortunately you and those involved may not have been properly counseled on the proceedings involved such that your input could have been taken into account. I believe it reasonable for you to contact the deputy prosecutor who handled your wife's case as to the proceedings, outcome and requirements that were imposed within the case. In so doing you will be alerting the prosecutor that you desire to be notified and/or involved should any future issues be brought to the attention of the prosecutor in regard to the defendant's compliance with the terms of the agreement offered.

  2. James Regan

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Call the prosecutor's office. Ask for the victim advocate. Ask to meet with the victim advocate and the prosecutor.

    Go to this site to read about Indiana Victim's Rights: http://www.lclark.edu/live/files/5013-indiana

    http://defendme.net | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M,... more

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