Violent Military Crime Charges
Defending Those Who Protect Us
The men and women who serve in the United States Armed Forces are trained
in the exercise of lethal force, but they are also subject to strict discipline
to prevent violence in the ranks. Unfortunately, factors such as
drug use and the stresses of service work to cause conflicts among uniformed personnel,
and the results are often disastrous for those involved.
In some cases, one person or more is seriously injured or perhaps even
killed in a fight or an attack. Even when everyone involved survives without
any major physical harm, the incident is likely to result in some type
of punitive action such as confinement and discharge following a court-martial.
If you need legal assistance, work with our firm to fight for your freedom.
Schedule your case evaluation today.
Definition of Assault in the Military
The military justice system takes a tough stance against violent offenses,
and if you have been charged with assault you can expect the case to be
taken before a court-martial, rather than being disposed of through nonjudicial
punishment. Article 128 recognizes two degrees of assault: simple assault
and aggravated assault.
Simple assault occurs when the offender threatens or attempts to injure
the victim through the use of unlawful force - i.e. violence which is
not justified by self-defense - regardless of whether or not the victim
is actually struck or injured. The charge is increased to aggravated assault
in cases where the perpetrator uses a deadly weapon or other means which
are likely to cause grievous bodily harm or death, as well as if the victim
is an officer, law enforcement personnel or a child under the age of 16.
Murder and Manslaughter Charges in the Armed Forces
The Uniform Code of Military Justice makes a distinction between the two
types of homicide, with Article 118 covering the offense of murder and
Article 119 applying to the crime of manslaughter. Murder is charged in
cases where the homicide is premeditated, is the result of an assault
which was intended to cause great bodily harm, is caused by activity which
is inherently dangerous and which demonstrates a wanton disregard for
human life, or is committed in the course of any of the following:
- Aggravated arson
Manslaughter, in contrast, is a homicide which is committed in the heat
of a sudden passion, provided that the passion was caused by adequate
provocation. It may also be charged in cases where the defendant is accused
of killing another person through some type of culpable negligence - such
as by causing a fatal collision while driving drunk - or while perpetrating
some other type of criminal offense.
Defense for Violent Crime Charges
Whether you have been accused of committing a simple assault or if you
are suspected of murder, you cannot afford to take any chances with the
outcome of your case. Don't make the mistake of trying to resolve
the situation on your own by speaking with the investigators. Put your
case in the hands of the
military criminal defense lawyers at McCormack & McCormack.
more than four decades of experience and a track record which includes hundreds of courts-martial, both as
the prosecution and the defense. Take the first step now by contacting
us for a confidential