Facing criminal charges is stressful for anyone, but if you are an active member of the military, the stakes you’ll face if you’re accused of criminal wrongdoing will be even higher. Why? In addition to the standard legal consequences—such as fines, probation or jail time—you could face serious damage to your military career, including demotion, loss of security clearance, dishonorable discharge or even imprisonment through military courts.
As a result of these realities, defending against criminal charges as an active service member requires a strategic approach that addresses both the civilian justice system and potential military consequences of the situation in question.
What do you need to know?
The first thing to understand is that active-duty service members can be prosecuted in both civilian and military courts for the same conduct. Depending on where the alleged crime took place and the nature of the offense, you could be facing charges in civilian court, a court-martial under the Uniform Code of Military Justice (UCMJ) or both. Even if a civilian court initially handles your case, your chain of command may still initiate administrative or disciplinary actions later.
Because of this dual system, it’s important to work with a criminal defense attorney who understands both the civilian legal process and the unique challenges faced by military personnel. An experienced attorney can help coordinate your defense, advise you on how civilian outcomes might impact your military status and help protect your rights in both arenas.
You’ll likely start by working with them to minimize civilian consequences to prevent further military penalties. For example, securing a dismissal, acquittal or reduction in charges can significantly improve your chances of remaining in good standing with your branch of service. In some cases, negotiating a plea deal that keeps certain offenses off your record or avoids a felony conviction could help preserve your military career.
Service members should also be aware of the potential impact on their security clearance. Even pending charges—without a conviction—can trigger a review of your clearance status. Having an attorney who can assist in responding to clearance reviews or administrative hearings can help you to more effectively safeguard your military future.
Every criminal case is serious, but for active military personnel, consequences can extend far beyond the courtroom. If you are charged with a crime while serving, seeking personalized legal guidance and support right away can help you to protect your freedom and your ability to continue serving your country.
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