Military
In the military, there are both criminal charges and conduct charges. Conduct charges stem from certain actions committed by a member of the military that may not be considered a crime in the civilian world. Criminal charges against a member of the military occurs when he/she commits a criminal act that is against the Military Code of Justice. It does not matter whether this occurs on or off base. In some rare cases, when a member of the military commits a crime off base, he/she can be prosecuted both by the military and the civilian courts.
While a conduct charge may not carry civilian consequences such as being labeled a felon or registering as a sex offender, having a conduct charge can have significant consequences on your career.
One common legal defense from to charges against military veterans is post-traumatic stress disorder (PTSD). It could even be an affirmative defense paving the way to an insanity defense.
PTSD also may be submitted as mitigation evidence to help a defendant receive a more lenient sentence. Indeed, California Penal Code Section 1170.9 is an alternative sentencing scheme that allows judges to sentence military veterans to treatment instead of prison or jail in cases where those veterans committed their crimes as result of sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems stemming from military service. To determine whether or not a defendant is eligible to be sentenced according to § 1170.9, the court must hold a special hearing. Post-hearing, if the judge decides that the defendant is eligible for alternative sentencing, the judge can sentence the veteran-defendant to treatment not to exceed the time that the defendant would have served in custody.
However, in order to be sentenced under California Penal Code Section 1170.9, the defendant must plead guilty to the crime and otherwise be eligible for probation. This would exclude defendants in involved in violent felony crimes in California and serious felony crimes in California that are committed while the defendant is on felony probation.
There is also a strong presumption against granting probation in cases such as those involving a deadly weapon or the infliction of great bodily injury according to Penal Code 12022.7.
While a conduct charge may not carry civilian consequences such as being labeled a felon or registering as a sex offender, having a conduct charge can have significant consequences on your career.
One common legal defense from to charges against military veterans is post-traumatic stress disorder (PTSD). It could even be an affirmative defense paving the way to an insanity defense.
PTSD also may be submitted as mitigation evidence to help a defendant receive a more lenient sentence. Indeed, California Penal Code Section 1170.9 is an alternative sentencing scheme that allows judges to sentence military veterans to treatment instead of prison or jail in cases where those veterans committed their crimes as result of sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems stemming from military service. To determine whether or not a defendant is eligible to be sentenced according to § 1170.9, the court must hold a special hearing. Post-hearing, if the judge decides that the defendant is eligible for alternative sentencing, the judge can sentence the veteran-defendant to treatment not to exceed the time that the defendant would have served in custody.
However, in order to be sentenced under California Penal Code Section 1170.9, the defendant must plead guilty to the crime and otherwise be eligible for probation. This would exclude defendants in involved in violent felony crimes in California and serious felony crimes in California that are committed while the defendant is on felony probation.
There is also a strong presumption against granting probation in cases such as those involving a deadly weapon or the infliction of great bodily injury according to Penal Code 12022.7.