Legal Question in Criminal Law in Massachusetts
when i was 20 (im 24 now) i got probation and a guilty file of simple assault. i was discharged from the military for an unrelated matter at the same time. my question is, can i reenlist with a simple assault charge, and is there a difference between simple assault and domestic assault? also if there is how would i go about finding out what kind of assault is on my record. thank you.
2 Answers from Attorneys
There is a difference between simple and domestic assault as it appears on your CORI, although the elements of each crime are the same. A domestic assault will appear as "ASSAULT...........DOMESTIC" on your CORI, while a simple assault will appear as "ASSAULT". You can request a copy of your own CORI at the following link:
http://www.mass.gov/Eeops/docs/chsb/cori_request_personal.pdf
You will have to have your signature notarized on the form, and it will cost you $25.
I would contact a recruiter and explain your situation. They usually are very open in helping you. Each branch of the armed services has regulations as to its requirements as to eligibility. A few years ago I was successful in having the DA agree to reopen three cases that a client had admitted to sufficient facts on on the condition that he enlist. I had his recruiter at the court house. I don't think a simple assault, which is a misdeamnor, should be a problem if that is the only thing on your record, but the recruiter will be in a much better position to advise you initially.
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