Court-Martial vs. Civilian Court: Who Prosecutes an Off-Base Crime in San Diego

Posted on: October 15th, 2026 by Dod Ghassemkhani, ESQ

Court-Martial vs. Civilian Court: Who Prosecutes an Off-Base Crime in San Diego?

If you’re an active-duty service member arrested off base in San Diego, the San Diego County District Attorney usually prosecutes the case in San Diego Superior Court. But the Uniform Code of Military Justice (UCMJ) applies to you everywhere, so your command can also act. That action can range from nonjudicial punishment to administrative separation to a court-martial. Sometimes both systems pursue the same incident.  Learn more about what happens if you are military arrested off base.

By Dod Ghassemkhani, Esq. | San Diego’s Trusted Criminal and Military Defense Attorney

Key takeaways

• Off-base crimes fall under California jurisdiction first, so the case is usually filed in Superior Court.
• The military can prosecute off-base conduct. Since Solorio v. United States (1987), no “service connection” is required.
• Double jeopardy does not stop both the state and the military from prosecuting, because they are separate sovereigns.
• Even without a court-martial, a civilian conviction can end a military career.

Who Has Jurisdiction Over an Off-Base Crime?

When you’re arrested in Oceanside, Pacific Beach, or downtown San Diego, the arresting agency is local: San Diego Police, the Sheriff’s Department, CHP, or a city police department. Charges are filed in Superior Court at the downtown, Vista, El Cajon, or Chula Vista courthouse.

At the same time, UCMJ Article 2 covers active-duty members on and off duty, on and off base. Your command at Camp Pendleton, Naval Base San Diego, MCAS Miramar, or Naval Base Coronado keeps the authority to discipline you for the same conduct.

Can You Be Prosecuted in Both Courts?

Yes. Under the dual-sovereignty doctrine, California and the federal government (including the military) are separate sovereigns. The Supreme Court reaffirmed this in Gamble v. United States (2019). A state conviction does not legally block a court-martial.

In practice, though, military policy discourages a second trial. Rule for Courts-Martial 201(d) and service regulations generally require senior-level approval before court-martialing a member already tried by a state court. That is why the civilian case usually goes first and carries the most weight.

	Civilian court	Court-martial
Prosecutor	San Diego County District Attorney	Military trial counsel (JAG)
Law applied	California Penal and Vehicle Codes	UCMJ
Decision-maker	Judge or 12-person jury	Military judge or panel
Possible penalties	Jail, probation, fines, criminal record	Confinement, reduction in rank, forfeiture of pay, punitive discharge
Your lawyer	Private attorney or public defender	Detailed military counsel, plus optional civilian counsel

What Usually Happens to Your Career

Most off-base cases follow a pattern: the county prosecutes the crime, and the command handles the career consequences. Those consequences can include:

• Nonjudicial punishment (Article 15 / NJP)
• Administrative separation, which can lead to an Other Than Honorable discharge
• Loss of a security clearance
• Suspended base driving privileges after a DUI arrest
• Military Protective Orders in domestic violence cases
• Loss of firearm rights under the federal Lautenberg Amendment after a qualifying domestic violence conviction, which can end careers that require carrying a weapon

Your command will likely find out. Many branches require members to report civilian arrests, and arrest information often reaches commands through base and law enforcement channels.

Why the Civilian Plea Decides the Military Outcome | Military Arrested Off Base

The outcome in Superior Court becomes the record your command relies on. A plea to a domestic violence offense can trigger the Lautenberg firearm ban. A plea to a reduced charge, such as reckless driving instead of DUI, may change how an administrative board views the case.

“For a service member, the civilian case and the military case are one problem,” says Dod Ghassemkhani. “The plea we negotiate in Superior Court can decide whether you keep your career.”

Dod Ghassemkhani has defended criminal cases in San Diego for over 20 years. He began his career at the San Diego Public Defender’s Office and has never worked as a prosecutor. Dod Law has handled more than 6,500 criminal cases, including over 100 jury trials. The San Diego Criminal Defense Bar Association named him San Diego County’s 2023 Trial Lawyer of the Year.

What to Do If You Are Military Arrested Off Base

1. Don’t make statements to police, NCIS, CID, or OSI. Under UCMJ Article 31(b), you have the right to remain silent.
2. Report the arrest only as your branch requires. Don’t explain the facts to your chain of command.
3. Hire civilian counsel early. Choose someone who can defend the criminal case with your military career in mind.
4. Coordinate with military defense counsel if your command starts NJP or separation proceedings.

Frequently Asked Questions | Military Arrested Off Base

Act Now!  Talk to a Trusted San Diego Military Defense Lawyer

Dod Law represents service members from every branch, with offices in downtown San Diego and in Vista near Camp Pendleton. We are available 24/7. Call 619-814-5110 (San Diego) or 760-814-6025 (Vista).  Serving San Diego and Southern California.

Disclaimer: The information provided in this blog is intended for general informational and educational purposes only and should not be construed as legal advice. Reading this article does not create an attorney-client relationship with Dod Law or Dod Ghassemkhani, Esq. Every criminal case is unique, and the laws, legal principles, and procedures discussed may not apply to your specific circumstances.

You should not act upon or rely on any information contained in this article without first consulting a qualified criminal defense attorney regarding your particular situation. If you have been arrested, are under investigation, or are facing criminal charges in San Diego County and Southern California, contact Dod Law to schedule a confidential consultation with Dod Ghassemkhani, Esq., and receive legal guidance tailored to your case.