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Friday, May 13, 2011

Civilian Court-Martial Lawyers:
Sexual Assault (Forcible Sodomy) Charge and Court-Martial Dropped for Enlisted Military Member Represented by Attorney Richard V. Stevens

Military Defense Lawyer (Former JAG Attorney) News:

Recently, an enlisted military member facing a court-martial charge/allegation of sexually assaulting an acquaintance had the charge and court-martial dropped by the government.  No further disciplinary or adverse action was taken against the military member.  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.).

The accused client was served with court-martial charges alleging the sexual assault by forcible sodomy (UCMJ Article 125).  The case proceeded to a pretrial Article 32 hearing.  During the hearing, information uncovered during the defense case investigation was revealed and the credibility of the allegation came into serious question.  After the hearing, the charge and the case were dropped and the military member’s career was not impacted.

The maximum authorized punishment for a court-martial conviction on the allegation in this case would have included life in prison without the possibility of parole and a dishonorable discharge. 

While this military court-martial case was successfully defended, it is important to understand that every case has different facts, and success in previous cases does not guarantee success in any particular future case.  No military lawyer or civilian defense lawyer, including those who specialize in military law, can guarantee the outcome of any military trial or case.  For more information on the military justice system, please see our other blog posts.

By: Attorney Richard V. Stevens
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, PC

Blog postscript: Attorney Frank Spinner and I (attorney Richard Stevens) are former active duty military lawyers (JAG). Our perspectives and advice, therefore, are based upon our experience as military defense lawyers and as civilian criminal defense lawyers practicing exclusively in the area of military law. This blog addresses issues in military law, military justice, military discipline, military defense, court-martial practice, the Uniform Code of Military Justice (UCMJ) and other military and/or legal topics. Nothing posted in this blog should be substituted for legal advice in any particular case. If you seek legal advice for a particular case, please contact The Law Offices of Richard V. Stevens & The Law Office of Frank J. Spinner for a free consultation. Military defense law offices are located in Colorado Springs, Colorado. Military defense law practices are worldwide.

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