If you are a servicemember stationed in Hawaii and battling an assault charge, you may be dealing with more than just a case in state court. The possibility of military prosecution adds a layer of uncertainty, and understanding how the process works can help you prepare your defense.
The legal definition of assault
In Hawaii, assault generally means intentionally or recklessly causing bodily harm to another person. It can also include causing harm through the careless use of a dangerous instrument. The charge depends on factors such as the extent of the injury and the status of the victim, with penalties that range from a petty misdemeanor to a felony.
The scope of military jurisdiction over state-level charges
If you are on active duty, the Uniform Code of Military Justice (UCMJ) governs your conduct at all times and in all locations. This means that a state charge does not stop your command from taking legal action.
Additionally, military policy limits repeat prosecutions, so your commanding officer and the staff judge advocate lead the initial review. Higher command then decides whether to move forward with a separate court-martial, based on your service record and the effect on good order and discipline.
Coordination between civilian and military prosecutors
State and military prosecutors regularly coordinate when criminal charges involve a servicemember. That process can lead one side to step back and let the other take the lead. The dual sovereignty doctrine treats both sides as independent, meaning each can pursue offenses for the same conduct without triggering double jeopardy concerns.
In practice, if a state court is already handling the case, military officials may wait for the result before they decide on further action. At the same time, some commands choose to move forward with their own proceedings even while the civilian case continues.
The fallout from dropped civilian charges
Even if the state drops or lowers the charges, it can still impact your military career. Your commanding officer can use Article 15 of the UCMJ to impose nonjudicial punishment, which may include a rank demotion, loss of pay or restriction to base.
Furthermore, your command may start administrative separation. This means you can be involuntarily discharged from service, potentially with a characterization that affects your access to veteran’s benefits and future employment opportunities.