Collin Finnerty, one of two Duke lacrosse players charged with rape and kidnapping Tuesday, could face a separate trial on assault charges in Washington, D.C., that could put him in jail for six months.

Because of his arrest in Durham, N.C., the U.S. Attorney's Office might revoke Finnerty's diversion program at a hearing next week and try him for misdemeanor assault, principal assistant U.S. Attorney Channing Phillips told USA TODAY on Tuesday. The charges could bring 180 days in jail and a $1,000 fine.

"That decision is under review," Phillips said. The U.S. Attorney's office will make the call before a status hearing on Finnerty's case April 25, Phillips added. The hearing was scheduled before Finnerty's arrest in Durham.



…Finnerty, 19, and two friends were arrested Nov. 5 in Washington after allegedly attacking a man outside a bar. Finnerty entered a diversion program and was ordered to perform 25 hours of community service within six months.

Under diversion, prosecutors agree to drop criminal charges if defendants complete assigned obligations within a set time. But Phillips said prosecutors can revoke diversion if a defendant is arrested again within the court-set period.