Felony convictions can alter the lives of all Americans. However, military service members may face different challenges compared to average civilians after conviction. Soldiers often feel uncertain about dishonorable discharges from the military with a felony, and new recruits may worry about rejections based on their criminal records. Whatever the case may be, defendants can discuss their unique concerns and priorities with an experienced military defense attorney in Virginia. Driving Defense Law has experience with defending military service members, and we may be able to provide further insights during a consultation. Consider calling (757) 929-0335 to begin this discussion today.
Will I Get a Felony Conviction for Off-Base Crimes in Virginia?
The Uniform Code of Military Justice (UCMJ) does not follow the same sentencing guidelines as state or federal criminal courts. There is no such thing as a “felony” according to the UCMJ, and it is therefore impossible to face a felony conviction for an offense tried in a military court. That being said, not all military offenses are tried in military courts under the UCMJ. A first step for soldiers accused of crimes outside of their normal military duties should be to determine which court has jurisdiction over their case. For example, a Navy seaman might have been accused of a felony DUI in Virginia while driving off base during leave. If service members face trials in civilian courts, felonies are certainly possible. However, felonies are impossible under the UCMJ.
Although the UCMJ does not use the term “felony,” it can still enforce strict penalties for serious crimes. The equivalent of a felony in the military is a “general courts-martial.” This type of military court deals with the most serious offenses, potentially including both service-related and non-service-related crimes. Examples include absence without leave (AWOL) and murder. In some cases, military service members may face charges in civilian courts and military courts. Due to issues regarding double jeopardy, however, local authorities often agree to waive prosecutions – giving the military sole jurisdiction. This is particularly common in the case of serious crimes, such as felonies. According to the Justice Department, most off-base crimes are tried by court-martial and investigated by the Department of Defense. As a result of this investigation, the Department of Defense will notify all parties when military jurisdiction does not apply.
Consequences for Felonies That Were Not “Service-Related”
Prosecution under civilian courts is more likely for crimes that were not “service-related.” The definition of “service-related” in this context is quite vague, although O’Callahan v. Parker provides a notable example. This case is available for review in the Library of Congress, and it involves a sergeant in the United States Army facing several felony-level charges for attempted rape in Hawaii. He was off-base at the time of the offense, wearing civilian clothes with an evening pass. Initially, the defendant was convicted under the UCMJ and sentenced to ten years of hard labor with a dishonorable discharge. However, the defendant successfully filed a petition for a writ of error coram nobis while incarcerated.
This eventually led to an important Supreme Court decision that limited the jurisdiction of military courts. The Supreme Court ruled that if an offense is not service-related and has no “military significance,” the accused military service member should enjoy their full constitutional rights – namely the right to a jury trial. In making this decision, the Supreme Court stated that military trials for civilian offenses are “generally viewed with suspicion” – noting that military justice under British colonial rule was a major factor in sparking the American Revolution.
Will I Get a Dishonorable Discharge for a Felony?
Conviction of a felony-level offense in a general court-martial often leads to a dishonorable discharge. However, it is also possible to face an “administrative separation in lieu of court-martial.” This practice – which is highly controversial – allows service members to leave the military with no further consequences. There is no federal conviction, which means that criminal records remain unblemished. According to the Texas Tribune, this practice is particularly common in cases involving violent crimes within the military – such as cases involving domestic violence or sexual assault between soldiers.
A dishonorable discharge can affect a soldier for the rest of their life. They may lose the right to possess firearms, vote, and hold office. They might also find it difficult to secure a loan or gain meaningful employment after leaving the military. For many soldiers, the most difficult aspect of a dishonorable discharge is the loss of Veterans’ Benefits. Some recruits join the military specifically to take advantage of these benefits, which may help with healthcare, loans, housing, and education. Soldiers facing dishonorable discharges may attempt to limit these consequences by working with an experienced military defense attorney at Driving Defense Law.
Can a Felony Prevent Me From Joining the Military?
A potential recruit may still have the ability to join the military with a felony on their criminal record. Officially, recruiting felons is prohibited by U.S. Code, Title 20, Section 504. In reality, however, convicted felons may still join the military after obtaining special waivers. The military may examine the specific circumstances of the conviction to determine whether the enlistee is suitable for the armed forces. With that being said, the American Sociological Association states that felons serving in the military are more likely to face active combat – and they are statistically more likely to die or suffer serious injuries. In other words, the military tends to place convicted felons “on the front lines.”
Contact Driving Defense Law Today
Criminal defense is almost always a complex subject, but these complexities may be even more challenging to understand for those serving in the military with a felony. Each branch of the armed forces may have its own policies and regulations, and the question of jurisdiction is often unclear. Experienced military criminal defense attorneys in Virginia may provide clarity on these issues, and defendants may be able to raise their own unique concerns during consultations. Consider continuing this discussion with a consultation at Driving Defense Law. Call (757) 929-0335 to discuss legal options in more detail.
