What is the BRAVE Act in Massachusetts?

Written By: Matthew W. Peterson

Published: 04/01/2022

Share Us:

The Massachusetts BRAVE Act is an Act Relative to Veterans Benefits, Rights, Appreciation, Validation and Enforcement. Under this Act, it allows veterans who have been honorably discharged and diagnosed with a condition as a result of their service, to avoid being prosecuted if they have been charged with certain crimes A veteran must have a diagnosis as a result of their service, certain crimes are excluded from diversion, and a veteran can only utilize the BRAVE Act once.

What is the BRAVE Act Diversion Program?

The diversion program is designed to help, rather than punish, military service members and veterans by removing them from criminal prosecution for qualifying offenses. In the case of a first-time OUI offense, the individual must undergo an assessment with the Department of Veteran’s Affairs, and if they qualify, they are referred to an alcohol or substance abuse treatment program and other services as needed. Upon completion of the program, the OUI charge is dismissed.

If you are a war veteran and have been charged with a crime, know your rights as someone who has fought for this country. We are an experienced criminal defense and OUI attorney, and we’re here to help.

Call or text the Law Office of Matthew W. Peterson today at (617) 295-7500 and let’s get started on your case.

Frequently Asked Questions (FAQs)

1. Who qualifies for the BRAVE Act diversion program?

To qualify for the BRAVE Act diversion program, a veteran must have been honorably discharged and diagnosed with a condition related to their military service. Additionally, the veteran must be charged with a qualifying crime, and certain serious offenses are excluded from the diversion option.

2. What types of crimes are eligible for diversion under the BRAVE Act?

The BRAVE Act primarily focuses on non-violent offenses, including first-time Operating Under the Influence (OUI) charges. However, specific serious crimes, such as violent felonies or sexual offenses, are excluded from eligibility for diversion.

3. How does the diversion process work for a first-time OUI offense?

For a first-time OUI offense, the individual must undergo an assessment with the Department of Veteran’s Affairs. If deemed eligible, they will be referred to an appropriate alcohol or substance abuse treatment program. Upon successful completion of the program, the OUI charge is dismissed.

4. Can a veteran use the BRAVE Act more than once?

No, a veteran can only utilize the BRAVE Act once. This limitation emphasizes the importance of addressing underlying issues and seeking help through the diversion program.

5. What should I do if I am a veteran facing criminal charges?

If you are a veteran facing criminal charges, it is crucial to understand your rights and options under the BRAVE Act. Consulting with an experienced criminal defense attorney who specializes in veterans’ issues can provide you with guidance and support throughout the legal process.