- Practice Areas
- Military Offenses
- Who We Serve
- About Us
Everyone faces negative consequences for criminal convictions. There are not only the legal punishments for the conviction, but societal consequences, as well. Criminal convictions and records can impact employment, housing and educational opportunities. When the person being accused of a civilian crime is also a military servicemember, the consequences can be, in many ways, two-fold. The servicemember must contend with the same civilian legal system as everyone else does, but they will also have to deal with the negative consequences handed out by the branch of the military in which they serve.
If you’re wondering whether a civilian misdemeanor conviction will get you kicked out of the military, you are likely facing some type of criminal charge. The answer to this question usually depends heavily on the specifics of your situation, so the best advice one could give is for the servicemember to contact an attorney who handles military cases as soon as possible.
The Military Defense Law Offices of Richard V. Stevens is here to help. We represent military personnel in all branches with a wide range of military legal issues. Once we know more about the specifics of your case, we can walk you through your options. However, there are a few things you should know about possibly getting discharged from the military after being charged with a civilian crime.
The short answer is – it certainly could. Your military career could be ended by a civilian criminal charge, even if it is only a misdemeanor. Misdemeanors vary by state criminal codes. Misdemeanors can include anything from assault to public intoxication to drug possession. The specific civilian charge you face will often play a significant role in the severity of negative consequences in the military.
Military enlistment documents require you to answer honestly about civilian criminal convictions. Military security clearance applications and updates require you to answer honestly about civilian criminal convictions. Civilian criminal convictions can result in negative performance reports (evaluations and fitreps). Civilian criminal convictions can result in military disciplinary actions being taken against you, and they can be used as a basis to attempt to administratively discharge (separate) you from the service. In addition, it is not usually considered to be double jeopardy to be charged in the state civilian criminal justice system, and charged with the same thing in the military justice system. So, you could, theoretically, face a court-martial for the same offenses you were charged with in the state criminal justice system.
So, the short answer to the question posed at the beginning of this post is: “Yes, it is entirely possible for a servicemember to be kicked out of the military for a civilian misdemeanor conviction.” Each branch of the military has its own regulations and policies that dictate how these situations are handled. .
If you are discharged (separated) from your branch of the military, you face not just the loss of your military career, but the characterization of that discharge will impact your military benefits and entitlements. However, it’s important to understand that discussing worst-case scenarios does not mean you should resign yourself to the belief that you will face the harshest penalties without first speaking about the specifics of your case with an experienced attorney who handles military cases and military defense.
If you’ve been charged with a civilian misdemeanor, you should contact the Military Defense Law Offices of Richard V. Stevens to speak to our team. Richard V. Stevens has been handling military cases since 1995, so he has many years of experience protecting the rights of our nation’s military members and aggressively defending them against all manner of military adverse actions. /p>
We will review your case to determine which defense would be best for your situation. We will look for ways to lessen the possible impacts and punishments you are facing in the military. If you’ve been charged with a civilian misdemeanor, now is a critical time for your military career. Make sure you speak to an attorney who specializes in military law.
At the Military Defense Law Offices of Richard V. Stevens, we help members of all branches of our military, regardless of where they are located. If you are a servicemember that has been charged with a civilian misdemeanor, we encourage you to contact our team as soon as possible. Contact the Military Defense Law Offices of Richard V. Stevens to get started. /p>