Military Assault Charges Attorney

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 service member 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 service member. In more serious assault cases, maximum penalties may include confinement for up to 10-years and a dishonorable discharge.

Difference Between Assault & Battery Charges

• Assault: Typically defined as an attempt, or even the threat, to cause harm to someone.
• Battery: Defined as the actual physical violence committed on someone.

Consequently, a military charge of Assault and Battery is the commonly used term when someone both assaults and causes them harm to a person. An “assault and battery” charge in the armed forces can carry serious, career-altering consequences, sometimes resulting in an Article 32 Investigation which might then lead to a General Courts Martial.

The law is clear that it matters not if an attempted assault is successful, or if the threat of harm or violence is actually carried out: an individual may still face assault charges. (A simple law school example is the where one shoots to kill another but misses. – Should assault charges be dismissed?) Assault with a dangerous weapon or with the intent of causing death or serious bodily harm may constitute a more serious offense of aggravated assault, resulting in enhanced penalties.

Domestic Violence happens in the military just as it does in the civilian community.  In fact, a service member accused of a domestic violence could be prosecuted for the offense either by the civilian authorities or military authorities.  If a service member is prosecuted by civilian authorities for domestic violence, the service member could also be looking at some form of administrative disciplinary action by his/her command.  

Recent changes to UCMJ Article 128 have modified the offense of assault to include specific language and enhanced penalties if an assault consummated by a battery against a spouse, intimate partner, or an immediate family member.  The addition of this language was in response to Congressional concern the military had no specific domestic violence offense and Congressional concern that domestic violence cases in the military were not being reported adequately to civilian law enforcement agencies.  As a result of this perceived failure to report such offenses to the appropriate civilian authorities, military members convicted of assault offenses involving a spouse, intimate partner, or other immediate family member were able to purchase and possess weapons that would otherwise be prohibited under the Lautenberg Amendment.  

The Department of Defense takes domestic violence offenses seriously.  First Sergeants and Military Police, like their civilian counterparts, despise calls to domestic violence scenes because the “victim” is often unclear, there are mostly no clear-cut solutions and when there does appear to be a “victim,” more often than not, both parties will refuse to file a complaint, statement, or even cooperate for a variety of reasons, it really was “no big deal,” and sometimes not wanting to harm their or their spouse’s military career.

Under Investigation or Facing Assault Charges, Including Domestic Violence Allegations? Military Law Center Is Ready to Help You – Right Now.

The Military Law Center is here to aggressively investigate, advise and defend you against any allegation made against you in whatever forum you may be find yourself in. Whether you are facing military or civilian criminal allegations, in a military court, military administrative hearing, or a civilian court, for allegations on or off a military installation, that may jeopardize your career and/or your military benefits, it’s never too late to retain an experienced Civilian Military Attorney. Contact us right now.

Call us Today – (760) 536-9038