are all military convictions felonies?

What is the name of your state?

No, though it depends -- in that some states handle/consider them differently/specially by statute.

There is a law review article on the subject, that states that, generally, convictions at a special court martial are not felonies, and convictions at a general court martial are. Again, every state handles/defines the issue differently.

badapple40 said:

No, though it depends -- in that some states handle/consider them differently/specially by statute.

There is a law review article on the subject, that states that, generally, convictions at a special court martial are not felonies, and convictions at a general court martial are. Again, every state handles/defines the issue differently.

Click to expand...

"No, though it depends?" What is that? The poster never clearly asked a question, (in detail anyway), and I can't help but wonder where you get your information, because you are way off base with your answer involving state statues that have no bearing on military crimes..

Clarification.

if he is way off base,then could you please clarify it for me then...and the state/base that the offense was committed in was California(Ft. ord, Ca) the offense was simple arson. Thank you for any information that you can provide.

kalan said:

if he is way off base,then could you please clarify it for me then...and the state/base that the offense was committed in was California(Ft. ord, Ca) the offense was simple arson. Thank you for any information that you can provide.

Click to expand...

Way off base? He wasn't even in the ballpark. The military base is a federal installation over which the state has no jurisdiction. Ft. Ord will prosecute under Military jurisdiction unless the Feds want to take over, then the arsonist's 'goose is cooked'.

Edited to clarify: The ONLY situation where the state would have concurrent jurisdiction is when the offense occurred off-base. In that situation the Military court [could] convene a General Courts Martial and then turn the subject over to civilian authorities for prosecution. In this case, as you explained, the offense occurred on base therefore, the state has no jurisdiction.

I'm off base, geez, then I guess the guidance the Air Force is and has been giving judge advocates is wrong too. I'll be sure to tell the acting judge advocate general that next time I see him.

The issue of what is and is not a felony in terms of the military DOES depend from state to state.

The conviction is a matter of federal law. Federal law regards convictions coming from special court-martials as misdemeanors. General court martial convictions are regarded felonies.

However, every state does have a definition in statutes regarding what and how they define felonies. Some states define it as a conviction for any crime that was punishable by over a year. Others define it as a conviction for any crime that would be a felony if committed in the specific state. In the case of the later, a conviction for desertion or failure to obey a lawful order would not be a crime in many states.

This particular issue is NOT one that can be as easily answered as the responder to my answer seems to think, and is the subject of several law review articles.

And the question, as I understand it, is not who/what has jurisdiction over a certain offense. It is how a conviction in a court-martial is treated, perhaps on account of the collateral effects of that conviction. My response is: what type of court martial, and treated by whom?

I was unavailable when this was posted and this thread came up again today on another thread. Please note, When OP originally posted the quesiton, they failed to give the necessary facts to give specific advice, not they did not even give their state. BA in good faith answered the question appropriately based on the facts given, and it is true each state may look differently as to the status of military related crimes. It is further interesting, given so little information was given. The 7th Infantry Division Light was deactivated. In September of 1994 Fort Ord closed it's gates and became part of US military history. 121 military bases have closed since the passing of the 1988 B.R.& C. Act. Monterey Ca where Ft. Ord is located is no longer an active military base, although Monterey still houses the Defense Language Institute, so when did this arson occur, where? Was it an active duty military member, reservist? Not enough information to answer OP's question.