All I can say is tremendous.
I was anxious about the trial & seriousness of it all, but Mr. Leckie ensured we obtained the very best outcome. Thank you Invictus Law!
The Uniform Code of Military Justice (UCMJ) imposes strict standards for military members regardless of status. You can get arrested for a criminal offense whether on base, off base, out on furlough, or serving on active duty. That means you must follow all UCMJ standards and state laws at all times.
Although civil police officers can’t enforce military laws or charge service members with specific UCMJ offenses committed off base, they can inform the military of the criminal acts. The military court and federal officers can step in to determine whether to press charges.
Virginia law and UCMJ regulations involve some overlapping crimes, including:
Local law enforcement can arrest a service member for specific crimes that occur off base. However, the case might be under federal jurisdiction. That means the UCMJ can proceed with criminal charges if it chooses and preside over legal proceedings.
A civilian agency is legally authorized to arrest, detain, and charge military members for particular off-base criminal activity, such as domestic violence. The police don’t have to notify the military under those circumstances.
The sentence you receive will depend on whether the military or the Commonwealth of Virginia has jurisdiction over your case and the type of crime you allegedly committed.
The type of offense will determine the penalty the UCMJ imposes, such as:
If under the Commonwealth of Virginia’s jurisdiction, your punishment will depend on the type of criminal offense and the class of the felony. Felonies fall under six classes with varying sentencing guidelines authorized under Virginia law.
Class 1 Felony
A class 1 felony is punishable by:
Anyone convicted of a class 1 felony is not eligible for parole, earned sentence credits, conditional release, or good conduct allowance.
Class 2 Felony
A class 2 felony can lead to penalties, such as:
Class 3 Felony
A class 3 felony can result in sentencing such as:
Class 4 Felony
A class 4 felony includes these penalties:
Class 5 Felony
Sentencing for a class 5 felony involves a prison term between one and ten years. However, if the court tries the case without a jury or at the jury’s discretion during sentencing, the penalties can include:
Class 6 Felony
A class 6 felony is punishable by one to five years imprisonment. If at the jury’s discretion or the court tries the case without a jury, sentencing can involve:
The Virginia Beach criminal defense lawyers from Invictus Law grew up in military families. We also served in the Marine Corps and Army. Now we use our experience and knowledge to advocate for military members’ rights. You can count on us to explore every possible option to prepare a defense against the charge you face.
If you are a servicemember who was arrested or charged with a crime while off base, call 757-317-5125 or contact us online today for a confidential consultation to learn what we can do for you.