Iknow someone who was arrested for breaking into someone’s house and stabbing them. What do you think would be the minimum punishment?

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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 12 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 12 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.


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