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PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1069
Experience:  33 years military law experience.
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I will be meeting with JAG sometime next week. I need to know

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I will be meeting with JAG sometime next week. I need to know how I can get them to see that my attacker should be charge with Third Degree Felony. they want to charge him with class A misdemeanor and then asking me why they should char him with a felony. this man told me he was going to kill me with his 9mm handgun, then choked me out, and told he was going to finish me later. Please help !
Hello, thanks for asking your question.
The military does NOT have felony or misdemeanor definitions of crimes.
Whoever told you that is wrong.
There are two levels of court-martial that could result in the equivalent of a feloney conviction -- Special or General.
The definition of whether a military conviction is a felony or misdemeanor is based on finding an equivalent crime in the state where the person lives.
It sounds like the appropriate charge is an assault with a means likely and reckless endangerment if the pistol was loaded.
PhilCave and other Military Law Specialists are ready to help you
Customer: replied 3 years ago.

I am sorry, I forgot to mention that I am a GS employee and my attacker is also.

Then this is not a military law question.
THere is NO jurisdiction under the UCMJ for this, unless you are currently in Afghanistan.
A case such as this would be prosecuted in federal court if on base, or in civilian court if the offense occurred off base.
Customer: replied 3 years ago.

this case is being prosecuted in federal court because it happen on base. but JAG wants to only charge him with a class A misdemeanor, when this crime falls under a third degree felony. This man told me he was going to get his 9mm handgun and kill me with it. he also choke me out and I felled to the ground. I need to show JAG that it does fall under a third degree felony.

This is not a military law question then. Sorry.

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