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Military general court martial- check yes for felony on job applications?

Business 4 views 3 answers
I was convicted of making a false official statement. I understand that in general, if the punishment could have resulted in over year confinement, it translates to a felony in the civilian world, BUT, it can vary by state. Is there a reference I can check to find out if there are any states where this crime is not considered a felony?

Attorney Answers

3
Ryan Sweet ·
It's a safe bet that it's considered a felony. A false statement (ART 107) has a max punishment of up to 5 years, and given that you went to a GCM, even if you received less than 1 year it's probably considered a felony. If you really want a definitive answer, hire a lawyer to give you a written legal opine. Better safe than sorry - lying again on form, when you already have a conviction for lying, is not a good idea.
0 upvotes
Michael Haber ·
Beats me. I can only speak to matters of FL law. I suggest that you ask both Google and a military lawyer. Wishing you luck and hoping that I have been helpful in answering your question.
0 upvotes
Christopher Cook ·
You need to look at what the maximum sentence was available under military law. If the maximum sentence available under military law was more than one year, it is a felony conviction regardless of how long the actual sentence was. This is consistent in every state. You can call a member of JAG (usually on military posts) or an attorney who deals with military law for clarification.
0 upvotes

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