How Active-Duty Military Personnel Can Fight Civilian Assault Charges in Hawaii

The Unique Legal Danger for Service Members in Hawaii

Hawaii is home to a massive military population, with thousands of service members stationed at Schofield Barracks, Pearl Harbor, and Marine Corps Base Hawaii in Kaneohe Bay. When soldiers, sailors, or marines head into Waikiki or Honolulu for weekend liberty, alcohol and crowded venues can sometimes lead to physical altercations. If you are arrested off-base by local police, you are thrust into the civilian justice system. However, your military command is always watching. Navigating the treacherous waters between Hawaii state law and military regulations requires highly specialized defense strategies. If your career is on the line, browsing our US Lawyer Directory for a Hawaii criminal defense attorney experienced with military clients is absolutely vital.

Step-by-Step Guide for Service Members Facing Charges

A civilian arrest does not stay a secret. The moment you are booked, the clock starts ticking on both your civilian freedom and your military career.

Step 1: Off-Base Bar Fights in Civilian Areas

If you get into a fight at a bar in Honolulu or Kailua, you will likely be arrested by the Honolulu Police Department. You will be charged under Hawaii state law, most commonly for Assault in the Third Degree under Haw. Rev. Stat. § 707-712, a misdemeanor. Because the crime occurred in a civilian jurisdiction against civilian victims, the First Circuit Court, Honolulu has primary jurisdiction. You will be assigned a civilian court date, and you must inform your chain of command about the arrest immediately, as failing to do so is a separate military offense.

Step 2: Honolulu Court Proceedings vs. UCMJ Article 128

Many service members wonder if they will be charged twice. Under the Uniform Code of Military Justice, Article 128, codified at 10 U.S.C. § 928, assault is strictly prohibited. Under the doctrine of dual sovereignty, it is technically legal for both the civilian court and the military to prosecute you. However, in practice, the United States Army Garrison Hawaii, Schofield Barracks or your respective command will usually allow the civilian court to handle the criminal prosecution first. If you are convicted in civilian court, your command will likely initiate administrative separation (a Chapter discharge) rather than court-martialing you again. Hawaii courts recognize these high stakes, as noted in military-civilian crossover cases like State v. Myers, 100 Haw. 132 (HI Supreme Court 2002).

Step 3: The Impact on Your Security Clearance

For many troops, a security clearance is the foundation of their MOS or rating. An arrest for a violent crime, even a misdemeanor assault, must be reported on Form SF-86, FED, Office of Personnel Management, Questionnaire for National Security Positions and to your facility security officer. The Naval Criminal Investigative Service, Pearl Harbor or Army CID will log the incident. A conviction in civilian court will almost certainly result in the suspension or permanent revocation of a Secret or Top Secret clearance, effectively ending your military career and ruining future defense contracting opportunities.

Step 4: The Importance of Diversion Programs

Because a conviction is a career-killer, a civilian defense attorney's primary goal is to keep the conviction off your permanent record. Hawaii offers a process known as a Deferred Acceptance of Guilty (DAG) or Deferred Acceptance of No Contest (DANC) plea. If granted by the civilian judge, you stay out of trouble for a set probationary period, and the charge is eventually dismissed. While the military still sees the arrest, a dismissal provides your commander with the justification they need to retain you in the service.

How Much Does a Civilian Defense Cost in Hawaii?

Hiring a private civilian attorney is an out-of-pocket expense, but it is an investment in saving your military retirement and career.

How Long Does the Process Take?

A civilian misdemeanor assault charge in Honolulu typically takes 3 to 6 months to resolve. During this time, your commander may flag you, preventing promotions, transfers, or favorable actions. If you secure a DAG plea, your civilian probation will likely last 6 to 12 months. Your command will usually wait until the civilian courts have fully concluded before taking final administrative action against you.