Your military career has defined your life for decades. You've served your country with honor at Eglin AFB or Hurlburt Field, building toward a secure retirement with full benefits. Now, you face sex crime charges in Florida, and the stakes go far beyond potential jail time. A conviction could strip away the military pension and VA benefits you've earned through years of service.
At Flaherty & Merrifield, our Okaloosa County sex crimes defense lawyers understand what military personnel face with potential Florida criminal charges. We recognize that your VA benefits, pension, career, and family's financial security hang in the balance.
How Florida Sex Crime Convictions Impact Military Benefits
Military personnel convicted of sex crimes face administrative actions that can terminate benefits permanently. The Department of Veterans Affairs reviews criminal convictions and may reduce or eliminate compensation based on offense severity.
Military Pension and Retirement Pay
A felony sex crime conviction triggers automatic review of your military pension eligibility. You may receive a dishonorable discharge, which could mean suspending, reducing, or forfeiting your military retirement pay.
Suppose Staff Sergeant Johnson, stationed at Duke Field, faces charges for lewd and lascivious battery. If convicted of this sex crime, he could lose his entire military pension despite 18 years of service. His family would lose their primary source of retirement income.
VA Disability Compensation
Veterans Affairs disability compensation remains generally protected from most criminal convictions. However, sex crime convictions can trigger benefit reductions in specific circumstances.
The VA may reduce disability payments if you're incarcerated for more than 60 days following a felony conviction. Certain sex offenses can affect eligibility for specific VA programs and services.
Security Clearance Implications
Security clearances provide access to classified information and specialized military positions. Sex crime charges immediately trigger clearance reviews, even before conviction.
Say, for example, that Technical Sergeant Martinez at Hurlburt Field faces criminal charges for soliciting a minor online. His Top Secret clearance gets suspended pending investigation, removing him from his cybersecurity position. Even if charges are eventually dropped, the clearance review process can take months.
Loss of security clearance eliminates eligibility for many high-paying contractor positions after military service. This creates long-term career limitations that extend beyond active duty.
Military Justice System Consequences
Military personnel face parallel proceedings in civilian and military courts. Each system imposes separate consequences that compound the overall impact. The Uniform Code of Military Justice (UCMJ) addresses sexual offenses through Articles 120 and 134. Military prosecutors may pursue charges even when civilian prosecutors decline to file cases.
Administrative Separation
Command-directed investigations can result in administrative separation regardless of civilian court outcomes. Under Army Regulation 635-200, sexual misconduct could create grounds for separation under "other than honorable" conditions.
Court-Martial Proceedings
Military prosecutors may pursue court-martial charges in addition to civilian cases. Double jeopardy protections don't apply between military and civilian jurisdictions, meaning you could face trial in both systems.
Specific Florida Sex Crime Penalties That Affect Benefits
Different Florida sex crime charges carry varying impacts on military benefits. Understanding these distinctions helps evaluate your case's potential consequences.
Second-Degree Felonies
Second-degree felonies under Florida Statute § 794.011 (sexual battery) create automatic pension forfeiture risks. These charges carry maximum sentences of 15 years and trigger mandatory benefit reviews.
Life Felonies
Life felonies involving minors result in immediate pension forfeiture upon conviction. The military provides no discretion in these cases.
Sex Offender Registration
Florida sex offender registration creates additional VA benefit complications affecting:
- Base housing eligibility for family members
- Access to military facilities and services
- Participation in veteran programs and activities
- Employment opportunities with military contractors
Protecting Your Military Benefits and Career
Early intervention provides the best opportunity to protect your veterans’ benefits and career prospects. Several strategies can minimize the impact of sex crime charges on your military status.
Working with criminal defense lawyers who understand military implications proves essential. Civilian attorneys often overlook the military consequences of plea agreements and sentencing recommendations.
Protective measures include:
- Requesting military legal counsel in addition to civilian representation
- Avoiding statements to military investigators without legal advice
- Documenting any procedural violations in the investigation process
- Preserving evidence that supports your defense
- Maintaining communication with your chain of command through proper channels
Plea agreements in civilian court can trigger automatic military consequences. Some misdemeanor pleas that seem favorable may still result in benefit forfeiture. Your military service and benefits represent years of sacrifice and dedication. Don't let sex crime charges destroy everything you've worked to achieve.
