Legal Question in Military Law in New York

Type of conviction

If an officer is pleas guilty to fraud, grand larceny, etc. which are normally felony charges but spends less than 6 months in military confinement, is the crime still considered afelony or a misdemeanor due to the amount of time spent in the brig? Officials in the brig have said it would be a misdemeanor because of this, are they correct?


Asked on 2/09/09, 8:39 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Type of conviction

It's more complicated than that in New York, which is where you appear to be asking about. The military does not designate crimes as either "felonies" or "misdemeanors" but rather all are simply "offenses."

The time spent in jail is only one factor in NY. It could be deemed a felony. But, to answer your question properly, much more personal information about your case needs to be evaluated. Since this is not a secure forum, please do not disclose any specifics here.

If you'd like more specifics, contact me privately.

Regards,

Don Rehkopf

[email protected]

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Answered on 2/09/09, 9:31 pm


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