The Impact of a Domestic Violence Charge on Law Enforcement Careers and the Military
Facing domestic violence charges can be an extraordinarily scary and frustrating experience, especially for individuals serving in law enforcement or the military or aspiring to a career in either. The consequences of these charges can significantly impact their future. This article by the well known firm, of Jack Rice Defense explores how a domestic violence conviction can affect both law enforcement and military careers. If you are facing domestic assault or violence related charges and are thinking about these kinds of careers, it is critical that you consult with an experienced Minnesota criminal defense attorney.
“Simply put, you have to be able to have access to guns. Anything that stops that simply makes you ineligible.”
Reason 1: Firearm Restrictions:
The ability to use firearms is crucial in both law enforcement and military professions. Unfortunately, a domestic violence conviction immediately restricts firearm rights. Federal regulations, such as the Federal Gun Control Act of 1968, impose a lifetime ban on gun possession for individuals convicted of a felony domestic violence crime. In 1996, the Lautenberg Amendment extended this ban to individuals convicted of a domestic violence misdemeanor. Similar weapons bans are also in effect in Minnesota. As a result, if you cannot own or possess a firearm, you are disqualified from working as a law enforcement officer or serving in the military. Contact Jack Rice Defense for more on firearms restrictions for other criminal convictions.
Reason 2: Moral Turpitude:
Domestic violence is considered a crime of moral turpitude—a morally wrong or offensive action against society. It violates the social contract and destroys relationships between individuals. Federal law prohibits individuals convicted of crimes of moral turpitude, including domestic violence, from serving in the military. Most law enforcement agencies have similar rules in place. As a result, a domestic violence conviction is likely to lead to termination of employment or denial of a position due to a lack of the moral character required for these sensitive roles. This applies equally to those aspiring to work in law enforcement or to apply to serve in the military. Again, other criminal offenses also can result in an exclusion.
Consequences in Law Enforcement:
In law enforcement, a domestic violence conviction often leads to termination of employment. Many law enforcement agencies have policies preventing individuals with such convictions from serving due to the impact it has on their ability to perform their duties effectively and maintain public trust. Your duties may be limited during the pending trial, and you may continue serving if charges are dismissed or you are acquitted. However, in most cases, any domestic violence conviction will lead to the loss of your position. Of courts, the gun restrictions on their own mean you simply are incapable of serving.
Consequences for Current Service Members:
If you are currently serving in law enforcement or military and are charged with domestic violence, the consequences can be severe. The Uniform Code of Military Justice (UCMJ) takes a strong stance against domestic violence in the military. If charged under UCMJ, you will likely face a court-martial. It’s important to note that facing charges in both civilian and military courts does not constitute double jeopardy. A court-martial conviction can result in demotion, dishonorable discharge, or military confinement. Similarly, a conviction in civilian court can create complications due to the firearms ban, potentially hindering your ability to perform your job.
“We have represented those aspiring to serve their country but convictions could make this simply impossible.”
Conclusion:
Domestic violence charges can have severe and career-ending consequences for individuals in law enforcement or the military, as well as those aspiring to these careers. To minimize these outcomes, it's crucial to avoid a domestic violence conviction if possible. Hiring a skilled Minnesota domestic violence defense attorney can provide the best chance of navigating these complex legal processes.
Jack Rice is a nationally known criminal defense attorney, a Board Certified Criminal Law Specialist and Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, MN. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life on the line, make sure Jack Rice Defense is by your side.