What Happens if You Get a Misdemeanor While in the Military? 2024

By W. James Payne Law Firm

While in the military, it is important that you follow the rules and laws that are set forth, as consequences for misaction can be serious and, in certain cases, may end your military career completely. The W. James Payne Law Firm knows that it is important to be able to answer the question, “What happens if you get a misdemeanor while in the military?” W. James Payne understands the legal process that you may face if you are facing a trial.

Understanding Misdemeanors in the Military

In the military, discipline and accountability are key to maintaining order and readiness, which is a baseline requirement of service. While the civilian justice system categorizes crimes into misdemeanors and felonies based on the severity, the military operates using the Uniform Code of Military Justice (UCMJ), which takes a different approach. An UCMJ defense attorney can help service members navigate the complexities of military law and provide legal representation to ensure their rights are upheld throughout the process.

While the UCMJ does not specifically label offenses as misdemeanors, there are certain minor infractions that align with the misdemeanor-level charge that would be understood in civilian law. Below is a list of what may resemble a misdemeanor in the military, which often is a less severe violation that ultimately disrupts good order and discipline but may not have too long-lasting penalties:

• Disorderly Conduct: This can include public intoxication and disruptive behavior.
• AWOL (Absent Without Leave): Failing to report for duty or leaving without the proper permissions.
• Minor Assault: Non-aggravated physical altercations.
• Reckless or Drunk Driving: Operating a vehicle while impaired or in an unsafe way.
• Failure To Obey an Order: Disobeying lawful commands or regulations.

While the above actions may not involve the severity of felonies, they can still lead to serious repercussions in the military justice system. The potential consequences for these misdemeanor-level offenses can include the following:

• Non-Judicial Punishment (NJP): An NJP is common for minor offenses and can look like rank reduction, forfeiture of pay, or extra duties.
• Administrative Actions: Administrative actions may include reprimands, loss of privileges, or separation from service for repeated or especially egregious behavior and actions.
• Summary Court-Martial: For offenses that need a more severe form of discipline, and with limited punishments compared to higher courts-martial, summary court-martial may be required.

In the military, even small infractions have the potential to have serious impacts, as the military holds their service members to high standards.

What To Do When Facing a Misdemeanor in the Military?

When a service member is accused of a misdemeanor-level offense in the military, it is important that the response is taken seriously, even if the offense seems minor, as it has the potential to impact the future of their career, eligibility for benefits, and future opportunities. A military lawyer can provide essential legal guidance and representation to help navigate the process and protect the service member’s rights and interests. Understanding the difference between a felony and misdemeanor can also help service members better grasp the potential consequences of their charges and how they may affect their military record and civilian life.

The first step is for the service member to gain a clear and full understanding of the specific charge that a service member is facing under the UCMJ. This charge could be AWOL, disorderly conduct, failure to obey a lawful order, or minor theft. Each charge holds its own potential with consequences. Similar to civilian settings, service members can exercise their right to remain silent, and it is helpful to do so to avoid any incriminating statements on accident.

It is often key to seek legal representation, as military law can be highly complex and complicated to navigate. Lawyers help their clients understand their legal rights and can evaluate the details of the case to determine what the ideal next steps are to protect their client’s rights and fight for a fair result in their case.

FAQs

Does a Misdemeanor Affect My Military Career?

Yes, being charged with a misdemeanor can impact your military career, but the level of impact will vary depending on many factors, such as the nature of the offense, its severity, and how it aligns with the military standards of conduct, which are often more strict than civilian laws. A misdemeanor may impact your eligibility to enlist in the military, lead to disciplinary action, jeopardize your security clearance, and, in extreme cases, lead to a discharge.

What Happens if You Are Charged With a Crime While in the Military?

Being charged with a crime while in the military can be daunting, as military members are subject to both civilian laws and the Uniform Code of Military Justice (UCMJ), which holds individuals to a higher standard and governs the conduct of service members. The consequences that follow a crime charge in the military will vary depending on the severity of the crime and whether it falls under military or civilian jurisdiction.

Does a Misdemeanor Disqualify You From Joining the Military?

Having a misdemeanor on your record does not automatically disqualify you from joining the military, but it can potentially make the process more difficult. There are many factors that can influence whether you get accepted into the military with a misdemeanor, including the branch of service you choose, the nature and severity of the offense, how long ago the misdemeanor occurred, and your criminal record. If you fail to disclose a misdemeanor, you could be disqualified or dismissed later.

What Is Considered a Misdemeanor in the Military?

In the military, the Uniform Code of Military Justice (UCMJ) does not distinguish between misdemeanors and felonies as civilian systems do, but rather categorizes offenses by their severity and the punishments they carry. There are certain less serious violations under the UCMJ that do resemble civilian misdemeanors in terms of their nature and consequences, such as disorderly conduct or failure to obey a regulation.

Contact a Criminal Defense Lawyer as Soon as Possible

Though the equivalent of a misdemeanor offense in the military may be considered minor compared to a more serious offense, it still can carry serious consequences for your future and career. The military holds its members to a high standard of conduct, which means the stakes are also often higher to meet this caliber.

If you are facing misdemeanor-level charges in the military, it may be time to meet with a trusted criminal defense lawyer from the W. James Payne Law Firm by setting up an initial consultation. A defense lawyer can guide you through the legal process, build a strong defense strategy that is tailored to your specific situation, protect your career and reputation, and work to lessen the penalties you face.