The Military Code of Justice provides military service members with the regulations with which they must abide. However, when service members are off base, they are subject to the statutes and laws of the state and county in which they reside. Military members who are serving on Fort Carson or within Colorado Springs are charged with state-level crimes rather than those of military courts. Although these military service members may be court-martialed for their actions at a later date, they must answer to the local court system. In Colorado, certain crimes are more common than others. Here are four of the top civilian crimes for which military members can be charged with while off base.
1. Domestic Violence
Colorado does not take allegations of domestic violence lightly. In fact, the state maintains very harsh penalties for domestic violence offenders. Those who are convicted may face state and federal consequences, such as being unable to carry a weapon. Since you would no longer be able to carry a weapon, you may also lose your military career or should you somehow be able to keep it you may be forced into another less desirable position. Other related penalties include being considered:
- Non-deployable for missions
- Ineligible for leadership or promotions
- Ineligible for overseas contracts and assignments
- Separated from the service
- Prohibited from attending military schools or programs
- Barred from reenlistment
2. Driving Under the Influence (DUI)
When a military member makes the choice to drink and drive off of the military base to which they are assigned, he or she may be charged with a DUI. Should a military member be charged with a DUI, the local police will arrest you and you will be prosecuted by the state. If you receive a DUI while a member of the military, you may face anything from a reprimand in your service file or recovation of your base pass, to a mandatory referral to a treatment facility, a corrective training, or even an administrative reduction in rank. In the most severe cases you may even find yourself discharged and barred from reenlisting.
3. Assault
Although members of the military are trained in hand-to-hand combat, they can be penalized for exercising outside of the service or on civilians. Military service members who are involved in a physical altercation run the risk of being convicted of assault. Such a conviction could lead to not only jail time, but also a loss of all military opportunities and privileges.
4. Drug Possession
Another very serious, common crime is that of drug possession. Regardless of the type of drug you are caught with (whether marijuana or heroin), you may face very serious penalties such as jail time depending upon the specific circumstances of your case. You may also be forced into a substance abuse training program by the military, have your rank reduced, or kicked out of the service all together. Illegal drugs also include any prescription medications that have been obtained in an illegal manner.
The Court-Martial Law Division of Aviso Law LLC Helps Military Members in Colorado Who Have Been Charged with a Crime
If you are a military service member and have been arrested for a civilian crime off of the base, the Court-Martial Law Division of Aviso Law LLC can help. We proudly serve our military members, who sacrifice so much. To learn more or to schedule a free consultation, contact us today!
