Australia's Next Top Model star Didier Cohen will have to wait another two months to find out if he will be .
The actor, 40, stands accused of brutally attacking his father David Cohen with a bottle, assaulting his step-mother Avesta Saaty, kidnapping them both, and threatening to kill them - along with other shocking felonies.
His lawyer, Charles Unger, filed a motion pleading with Superior Court Judge Andrea Thompson at a criminal court hearing on Friday, saying Cohen should not stand trial, which could lead to his conviction and years behind bars.
Instead, attorney Unger asked the judge to order the troubled star to enrol in a 'mental health diversion program', which would mean if he stayed out of trouble for a set number of years, all the charges against him would be thrown out.
Since she's newly appointed to oversee the case, Judge Thompson postponed her ruling on the motion to another hearing on May 15, saying she wants to 'hear from mental health experts, victims, other family members and everyone involved with the case'.
Meanwhile, prosecutor Frederick Engell is pushing for Cohen to be put on trial, telling the judge: 'There were serious injuries to victims in this case.'
Australia's Next Top Model star Didier Cohen, 40, will have to wait another two months to find out if he will be serving up to eight years in an American prison
He indicated that Cohen's 72-year-old father may have forgiven his son for the attack, saying: 'His father is pro mental health diversion.'
But added that 52-year-old Saaty may not be in favour of putting her stepson in a diversion program instead of prison.
Judge Thompson agreed the case involved 'very serious injuries' and told the court that when she decides whether to put Cohen in a diversion program or order him to stand trial, 'the safety of the community is paramount, as well as the needs of the defendant'.
Cohen - whose home burned down in last year's devastating LA fires - has pleaded not guilty to all nine charges against him.
He showed up at Friday's hearing with his heavily-tattooed head shaved and wearing a dark suit and tie with a white shirt.
Despite the severity of his alleged crimes, his lawyers argue that rather than locking him up, supervised mental health treatment would be more appropriate for Cohen, who is already living in a residential drug treatment program.
In a written brief, found by Daily Mail, they wrote that when California lawmakers enacted mental health diversion provisions eight years ago, 'the express purpose of this legislation was to increase diversion of mentally ill individuals based on concerns that incarceration only serves to aggravate their pre-existing conditions and does little to deter future lawlessness'.
'Successful mental health treatment helps the person and makes the community safer,' the brief continued.
The actor stands accused of brutally attacking his father David Cohen with a bottle, assaulting his step-mother Avesta Saaty, kidnapping them both, and threatening to kill them - along with other shocking felonies. Pictured with his mother and a close friend at court in January
Cohen is best known for appearing on Australia's Next Top Model. Pictured with co-stars Jennifer Hawkins, Alex Perry and Cheyenne Tozzi in 2015
In the ninth and final count against him, he is alleged to have 'maliciously' vandalised Saaty's car.
