Iknow someone who was arrested for breaking into someone’s house and stabbing them. What do you think would be the minimum punishment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Iknow someone who was arrested for breaking into someone’s house and stabbing them. What do you think would be the minimum punishment?
He is in the military, and it happened in Germany.
Asked on June 17, 2009 under Criminal Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You did not indicate whether or not the attack took place on-base or off. If on-base or off-base against a fellow member of the military, the defendant would be tried under military law; if off-base against a civilian, German law would prevail. This in accordance with the "Status of Forces Agreement" (SOFA), whereby U.S. courts will have jurisdiction over crimes committed either by a servicemember against another servicemember or by a servicemember as part of his or her military duty, but the host nation retains jurisdiction over other crimes.
You also did not indicate whether the attack resulted in death. If it did so result, the military still recognizes the death penalty; Germany dies not.
More than that I cannot say except, generally, foreign courts tend to be more lenient than military courts.
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
That is not based on civil criminal law, that is based on military law. He needs to check with his military counsel (JAG?).
Also, try www.attorneypages.com to consult with a military law expert.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.