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Physical Assault In The Military In Minnesota
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US-000298
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Simple assault is usually the least severe assault crime, and it is generally charged as misdemeanor assault. Further, the laws of some jurisdictions set forth different degrees of simple assault.
In the worst cases this can lead to the early termination of a military career, and may even have an impact on work and personal life once the victim has left the forces.
The lowest degree of assault is simple assault or assault in the fifth degree and is considered a misdemeanor. Assault in the fourth degree is a wobbler offense that can be charged as a misdemeanor or felony. Third, second, and first-degree assault are all felony offenses.
The penalties for assault depend on the degree of the offense: Misdemeanor Assault: Up to 90 days in jail and $1,000 in fines. Gross Misdemeanor Assault: Up to 1 year in jail and $3,000 in fines. Felony Assault: Years of imprisonment and fines up to $30,000.
Unlike civilian communities, military commanders exercise discretion in deciding whether an offense should be charged and how the offenders should be punished.
18 U.S. Code § 1389 - Prohibition on attacks on United States servicemen on account of service. in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less than $2500 and imprisoned not less than 6 months nor more than 10 years.
Anyone, including civilians with no Air Force affiliation, may file Fraud, Waste, and Abuse (FWA) complaints. Depending on the circumstances, the IG may also accept complaints from dependents or relatives of active duty members and retirees and their dependents.
Examples of Disqualifying Offenses Examples of felony charges include arson, aggravated assault, burglary, robbery, manslaughter, and narcotic possession. Domestic violence charges: A history of physical, economic, psychological, or emotional domestic abuse disqualifies you from enlisting in any military branch.
Although you may contact the DOD Hotline at any time, a faster way to resolve your complaint is usually to first contact your local or command-level Inspector General's Office. Call the Inspector General Hotline at 800-424-9098.
Simple assault is a serious crime with serious consequences. If you have been charged with simple assault in California, it is important to contact an experienced criminal defense attorney immediately.