The soldier's military status is irrelevant. The civilian can be charged with assault.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
Has nothing to do with active duty status. Its a civilian police matter, nothing more.
Report the assault if you are the Soldier.
If you are the attacker, you should get a criminal defense attorney if you are charged and speak to no one about the incident.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
This is a serious forum for military personnel to get answers to legal questions. Please do not waste attorney's time by posting questions like this.
THIS POST PROVIDES GENERAL GUIDANCE AND DOES NOT, IN ANY WAY, FORM AN ATTORNEY - CLIENT RELATIONSHIP WITH THE ORIGINAL POSTER.