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Military Defense Attorney: Practice Areas
The Uniform Code of Military Justice (“UCMJ”) sets out how criminal cases in the military are prosecuted. One specific part of the UCMJ sets out the military offenses for which a servicemember can be disciplined by the command if a servicemember is alleged to have violated one or more of the offenses. These military offenses are set out in detail in Articles 77 through Article 134 of the UCMJ. These Articles are commonly referred to as the “Punitive Articles” of the UCMJ.
Since the Uniform Code of Military Justice is enacted by Congress, they are also set out in 10 United States Codes, Chapter 47. Consequently, a conviction of any of the military offenses at a general or special court-martial is considered a federal conviction. Generally, a conviction of any of the offenses at a General Court-Martial is considered a federal felony conviction and a conviction of any offense at a Special Court-Martial is considered a federal misdemeanor conviction.
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Congress frequently makes changes to the Manual for Courts-Martial and the Uniform Code of Military Justice. The most recent changes were made in the National Defense Authorization Act for Fiscal Year 2019 (NDAA FY19). The President signed the NDAA FY19 on August 13, 2018, which incorporates additional changes to the Manual for Courts-Martial that will go into effect on January 1, 2019.
It is important that you seek representation from a civilian military attorney who is knowledgeable of these changes.
DUI
The military has a “zero tolerance” policy for drug and alcohol related offenses and that includes DUI’s. As of December 2012, The Marine Corps is the most strict branch of all the services. If you are arrested and facing DUI Charges and/or an Administrative Separation Hearing, you want to do all in your power get the charges dismissed or reduced.
POSITIVE UAs
On December 12, 2012, the Marine Corps requested that commanders shall officially beginning mandatory breath tests for all 197,000 Marines twice each year. Most adults in the U.S. — civilian or military — know that a blood alcohol content (BAC) from .08 to .10 will put a driver of a vehicle in big trouble with a likely DUI arrest.
OFFICER MISCONDUCT
If you are an officer facing allegation, it is in your best interests to retain a civilian military defense attorney to represent you. Military laws are complex and require expertise and resources you may not be provided. As your reputation, freedom and future are at stake, it is best to avail yourself of an experienced and skilled legal team that has the expertise to provide you with an excellent defense.
FRATERNIZATION
Military servicemembers are often held to a higher ethical standard than people in civilian life. In the military, certain consensual sex acts that might not cause undue fallout in civilian life, are considered improper sexual conduct and could result in a court martial. In fact, under Article 134 of the UCMJ (Uniform Code of Military Justice),
ASSAULT CHARGES
Assault Charges as defined Under Article 128 of the Uniform Code of Military Justice (UCMJ), inform us that assault is a serious offense that may be punishable by Court Martial. A servicemember convicted of assault by Court Martial may face a minimum of 3-months of confinement and forfeiture of 2/3 of pay for 3-months contingent on the circumstances of the assault, whether a weapon was used, and whether the victim was a fellow servicemember.
EXTRAMARITAL SEXUAL CONDUCT (ADULTERY)
Adultery in the military is a criminal offense under the Uniform Code of Military Justice (UCMJ). Adultery is defined as sexual intercourse between a married person and someone other than his or her spouse. Adultery also occurs if you are not the married party but have sexual relations with a person who is married, or even legally-separated from his or her spouse. The fact a party is “legally-separated” is not itself a legal defense to Adultery.
DOMESTIC VIOLENCE
It is of utmost importance for servicemembers to avoid a conviction that is classified as “Domestic Violence.” If you are an armed servicemember facing an allegation of assault, domestic violence, or both, your military career could be in serious jeopardy. Defending those accused of such charges is very possible.
CHILD PORNOGRAPHY CHARGES
In the United States, the fastest growing criminal prosecutions of all time involve Internet sex crimes including the viewing, downloading, possession, and distribution of child pornography. Every day, CID agencies, state and other federal law enforcement agencies are actively searching the Internet seeking to find people to arrest on child pornography charges.
RAPE ACCUSATIONS
Rape is one of the most serious charges a servicemember can face. A conviction for military rape can result in years in prison and the mere allegations of a sexual offense can create a long-lasting stigma that often destroy a military career but last a lifetime. There is little public sympathy toward those accused a sexual crime —even for those wrongly accused.
SEXUAL HARASSMENT CHARGES
Sexual Harassment Charges Require an Experience Military Defense. If you are a servicemember in the Armed Forces of the U.S. Military and you have been accused of sexual harassment, you need to get serious about hiring a civilian criminal defense Attorney. If you have already been charged, it is absolutely imperative.
SEXUAL ASSAULT CHARGES
Military sexual assault offenses are prosecuted under Uniform Code of Military Justice (UCMJ) Article 120 (Rape and Sexual Assault) and Article 125 (Forcible Sodomy). Congress had concerns about how sexual assault cases in the military were being handled, so Congress recently passed new laws to deal with these concerns.
A finding of guilty of any of the military offenses at a non-judicial proceeding (“NJP”) is not considered a federal conviction because it is an administrative hearing and not a criminal trial. Additionally, an allegation of any of the military offenses can form the basis for an administrative separation from the military, whether or not a servicemember is convicted at a court-martial or found guilty at NJP.
Each military offense set out in the Punitive Articles contains the text of the offense, the elements of the offense, an explanation of the offense with definitions, whether any lessor included offense(s) apply to the offense; the maximum punishment for the offense, and sample specifications (i.e. charges) for the offense.
The law related to each military offense is further defined and clarified through the military appellate courts and the U.S. Supreme Court.
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