Question - Is larceny a felony in the military?

Answered by: Patricia Thomas  |  Category: General  |  Last Updated: 23-06-2022  |  Views: 1341  |  Total Questions: 14

Understanding Larceny Military Law Also, it does not have to be demonstrated that you had an intention to commit a felony other than theft. For members of the military, common larceny charges can revolve around the theft of government property and the unauthorized sale or possession of government property. UCMJ Article 121 lays out the potential charges for a service member of the U. S. military that unlawfully takes possession of another person's property without their consent. Larceny includes any crime involving the permanent taking, obtaining or withholding property from the owner. The Uniform Code of Military Justice and Off-Base Conduct The UCMJ is federal law and as such, is not enforced by civilian law enforcement. If a solider commits a crime off-base, and is caught by local law enforcement, the solider will still be under the jurisdiction of the UCMJ. The short answer is – it certainly could. Your military career could be ended by a civilian criminal charge, even if it is only a misdemeanor. Misdemeanors vary by state criminal codes. So, you could, theoretically, face a court-martial for the same offenses you were charged with in the state criminal justice system. Joining the Navy With a Misdemeanor If you want to enlist in the Navy, you are required to disclose all arrests or charges you have faced, even if they were dropped or dismissed. If you have any charges that were not unconditionally dropped or dismissed, you may be required to apply for a waiver to enlist.

https://www.thebalancecareers.com/uniform-code-of-military-justice-ucmj-4057220

Article 134: General Article This article of the Uniform Code of Military Justice is a catch-all for offenses that are not spelled out elsewhere. It covers all conduct that could bring discredit upon the armed forces that are not capital offenses. It allows them to be brought to court-martial.

https://le.utah.gov/xcode/Title76/Chapter6/C76-6-S404.5_1800010118000101.pdf

(1) A person commits wrongful appropriation if he obtains or exercises unauthorized control over the property of another, without the consent of the owner or legal custodian and with intent to temporarily appropriate, possess, or use the property or to temporarily deprive the owner or legal custodian of possession of

https://www.thebalancecareers.com/military-justice-101-part-iii-4056918

However, a dishonorable discharge is the lowest form of discharge you can receive and must come from a general court-martial - in other words - a trial. These are typically criminal acts that lead to dishonorable discharges.

https://www.bl.uk/world-war-one/articles/military-discipline

Military discipline makes the difference between a mob and an army. It is a form of behaviour that is the consequence of training and indoctrination, designed to ensure compliance to orders among individuals and groups, to create and maintain cohesion in military units.

https://www.backgroundchecks.com/community/Post/5283/What-Does-a-Military-Background-Check-Entail

For instance, some military personnel with a “Top Secret” security clearance must go through the background check process every five years. A person with a lower-tier “Confidential” security clearance may only need to renew that clearance with a new military background check every 15 years.

https://www.zwdefense.com/blog/2016/july/will-joining-the-army-or-military-get-my-case-di/

The Army/Military will not likely look at you with a pending case. Pending charges, open court cases, and open probation cases will all DQ you from Army service until completely closed.

https://domestic-violence-law.com/can-i-join-military/

Under federal law, almost all persons convicted of domestic violence, regardless if it is a misdemeanor or felony, are banned from ever possessing a firearm in the United States. However, in very rare cases, some branches of the military may grant you a conviction waiver that would allow you to enlist.

https://thelawdictionary.org/article/can-you-request-a-reduction-in-your-probation-to-join-the-milit

While your legal status is not, it is generally settled that no branch of the military will accept your application while you remain on probation. If you wish to join, you must either wait until you have completed your probation in good standing or tread carefully around the issue of securing a reduction in its term.

https://www.duiqueen.com/dui-blog/2017/february/will-a-dui-get-me-kicked-out-of-the-military-/

Can a DUI get you kicked out of the military? Yes, it is possible to get discharged; however, that's not the usual punishment. Every branch handles DUIs differently. For example, if you're an officer or an NCO, your chances of getting kicked out are greater.

https://www.losangelesduiattorney.com/dui-faq/can-you-join-the-military-with-a-dui/

Officially, you are not allowed to join the military if you have any kind of DUI conviction on your record. There are several reasons why the military does not take (most) recruits with DUIs: The U. S. military has a long tradition of excluding individuals with substance abuse problems.

https://www.operationmilitarykids.org/can-you-join-the-military-with-a-felony/

What Your Current Legal Status Is. If you are currently on probation or parole for your felony misdemeanor, none of the 5 branches will grant you a waiver. Additionally, if you're currently serving a sentence in jail or prison, or are currently facing criminal proceedings, the military will not grant you a waiver.

https://www.statecollegecriminallawyer.com/blog/2018/12/can-a-misdemeanor-conviction-get-me-expelled

University students with a misdemeanor Since misdemeanors are public record, future employers may see your conviction for drugs, DUI or assault and decide to pass on your candidacy. In the short-term as a college student, your misdemeanor can mean: Suspension or expulsion from school.

https://en.wikipedia.org/wiki/Military_tribunals_in_the_United_States

The U. S. Supreme Court agreed, and unanimously ruled that military tribunals used to try civilians in any jurisdiction where the civil courts were functioning were unconstitutional, with its decision in Ex parte Milligan (1866).

https://www.quora.com/Are-military-bases-on-US-soil-under-the-jurisdiction-of-the-police

There is both state and federal jurisdiction on military bases. Military and Federal authorities have primary jurisdiction. If the crime appears to be committed by a civilian the military authorities cannot ordinarily prosecute a civilian so it either gets handled by the local prosecutor or the US Attorney.