Fort Jackson is located in Columbia, South Carolina. So, a criminal charge should work like those in the state? Not necessarily.
The location of the alleged offense can affect which laws apply, which prosecutors handle the case, and which court your case is heard in.
If you’re facing a non-DUI criminal allegation on Fort Jackson, here’s what makes military base charges different.
Why Does Federal Law Apply on Fort Jackson?
Fort Jackson is a U.S. Army installation and federal property. Depending on the jurisdictional status of the installation and the circumstances of the alleged offense, federal criminal law may apply to conduct occurring on Fort Jackson.
If you’re accused of a crime somewhere else in Columbia, your case might be handled under South Carolina law in state court. But if the alleged offense happened at Fort Jackson, federal jurisdiction may come into play.
However, that does not mean every single offense on Fort Jackson automatically becomes a federal crime. The facts of the incident are important, including where the conduct occurred and which laws cover the alleged offense.
What Non-DUI Crimes Can Lead to Federal Charges?
While DUI is a serious offense, it is not the only criminal issue that can occur on Fort Jackson. Individuals can face investigations or charges involving allegations, such as:
- Drug possession or distribution
- Assault
- Domestic violence
- Theft
- Fraud
- Weapons offenses
- Destruction of property
- Trespassing or unauthorized entry
- Crimes involving government property
- Other offenses occurring on federal property
The exact charge depends on what prosecutors believe happened and which law applies.
What Is the Assimilative Crimes Act?
When it comes to a federal case at Fort Jackson, you may hear the Assimilative Crimes Act. Under 18 U.S.C. § 13, federal law can incorporate the criminal law of the state where the federal property is located when there is no applicable federal criminal statute covering the conduct.
Since Fort Jackson is in South Carolina, certain South Carolina criminal laws may apply to conduct occurring on the installation.
Can a Civilian Be Charged with a Crime on Fort Jackson?
You do not have to be an active-duty soldier for federal jurisdiction to matter. Civilians may have legitimate reasons to be on Fort Jackson. Many people work there, visit someone, attend an event, provide services, or otherwise have permission to enter the installation.
Being a civilian does not mean you’re outside the reach of law while on the military base.
If you’re accused of a crime on federal property, the fact that you’re not in the military doesn’t turn the case into an ordinary state criminal issue.
What Happens If You’re a Soldier?
If you’re an active-duty service member, a criminal allegation can have consequences beyond the civilian or federal criminal case. A service member may also face administrative or disciplinary consequences within the military.
The Uniform Code of Military Justice (UCMJ) can apply to members of the armed forces. Unfortunately, an allegation that might seem like a criminal case can also affect someone’s military career. That could affect rank, assignments, security clearances, military discipline, or other professional consequences.
What Should You Do If You’re Facing a Fort Jackson Criminal Charge?
A criminal allegation on Fort Jackson can leave you with a lot of questions. Non-DUI federal crimes on Fort Jackson carry serious consequences, and these cases are not handled like an ordinary South Carolina state case.
At Truslow & Truslow PA, we can review the circumstances of the allegation and explain your next steps. Reach out today if you are facing a charge on Fort Jackson. Schedule a consultation today.