Violent Crimes
Aggressive. Diligent. Confident.Military Violent Crimes Lawyer
Defending Service Members Facing Violent Crimes Charges
The men and women who serve in the United States Armed Forces are trained in the exercise of lethal force but are also subject to strict discipline to prevent violence in the ranks. Unfortunately, factors such as alcohol and drug use and the stresses of service work 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 significant 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.
Are you facing violent crime charges while in the military? Call McCormack & McCormack today at (888) 490-0876 or contact us online to schedule a meeting with our military violent crimes attorney!
Assault Charges in the Military
The military justice system takes a tough stance against violent offenses. 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 non-judicial 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 unlawful force - i.e., violence not justified by self-defense - regardless of whether or not the victim is struck or injured.
- Aggravated assault - occurs when 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 distinguishes 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 that was intended to cause great bodily harm, is caused by activity that is inherently dangerous and which demonstrates a wanton disregard for human life, or is committed in the course of any of the following:
Manslaughter, in contrast, is a homicide that 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 culpable negligence - such as by causing a fatal collision while driving drunk - or while perpetrating some other type of criminal offense.
Domestic Violence
Domestic violence offenses are not just a matter of civilian law—they are also addressed under military law, especially when a service member is accused of committing violence against a spouse, child, or family member. A Military violent crimes lawyer can work to challenge evidence of domestic violence, including accusations of emotional or physical abuse, and represent you in both criminal and family law proceedings.
Child Abuse
Accusations of child abuse are taken extremely seriously in the military, especially when the victim is the child of a service member or dependent. Charges related to child abuse can include physical harm, emotional abuse, or neglect, and can result in both criminal and family court proceedings. The military views these charges as especially serious due to the impact they can have on a family and the potential harm to the reputation of the armed forces.
Hazing and Bullying
Hazing and bullying offenses in the military are defined as violent behavior that intimidates, harasses, or physically harms another service member. The UCMJ contains provisions that prohibit hazing, which is often used as a form of initiation or punishment. These charges are increasingly common in the military, especially in cases where younger service members are subjected to physical abuse or harassment by their peers.
Penalties for Violent Crimes in the Military
The penalties for violent crimes under military law vary depending on the offense, but they are generally much more severe than those under civilian law. In addition to imprisonment, which can range from a few months to life in prison, a conviction for a violent crime can lead to the following consequences:
- Dishonorable Discharge: A dishonorable discharge is the most severe form of separation from the military and can affect your future employment opportunities, rights to veterans’ benefits, and personal reputation.
- Loss of Rank and Pay: A conviction for violent crimes often results in a reduction of rank, which can affect both your pay and future career prospects.
- Confinement: Prison sentences can be lengthy, with certain crimes carrying a mandatory minimum sentence. For the most severe crimes, such as murder, the military justice system may impose a life sentence or, in rare cases, the death penalty.
- Bad Conduct Discharge (BCD): A BCD is less severe than a dishonorable discharge but still carries significant consequences, including loss of military benefits, negative impacts on employment, and a permanent criminal record.
- Reputation and Future Military Career: Even if you do not face jail time, a conviction can tarnish your reputation within the military, leading to a diminished career and limited opportunities for advancement.
Defenses to Violent Crime Charges in the Military
Several defenses can be used to challenge charges of violent crime in the military, depending on the facts of your case. Some common defense strategies include:
Lack of Intent
Many violent crime charges, such as assault or battery, require proof of intent to cause harm. If you can demonstrate that there was no intent to commit the violent act, your lawyer may be able to get the charges reduced or dismissed.
Self-Defense
In cases of assault, battery, or even homicide, self-defense is a common legal argument. If you can show that you acted in self-defense to protect yourself or someone else from harm, you may be able to avoid a conviction.
False Allegations
False accusations are unfortunately common in the military, especially in cases involving domestic violence, sexual assault, or hazing. Your lawyer can work to show that the charges are based on misinformation or misunderstandings.
Lack of Evidence
If the prosecution cannot prove beyond a reasonable doubt that you committed the violent crime, the charges should be dropped. A Military Violent Crimes Lawyer can challenge the prosecution’s evidence, point out inconsistencies, and argue that the case does not meet the standard of proof.
Contact Our Military Violent Crimes Attorney Today
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 at McCormack & McCormack. We have more than four decades of experience and a track record which includes hundreds of courts-martial, both as the prosecution and the defense.
Contact McCormack & McCormack by calling (888) 490-0876 today to schedule a FREE consultation with our military violent crimes lawyer!
