Military Defense Lawyer (Former JAG Attorney)
News:
Recently,
a military noncommissioned officer who was tried by general court-martial for
charges alleging aggravated sexual assault (alleged nonconsensual sexual intercourse
due to “substantial incapacitation” by alcohol – allegedly too drunk to consent)
and attempted forcible sodomy was fully acquitted by the military court panel
(“jury”). 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 military client pled not guilty to the charges and specifications. During the fully litigated court-martial
trial, the defense exposed issues regarding inconsistent stories about the
alleged events, the credibility of the accuser, and the believability of the
allegations. This included clarifying
the actual law of substantial incapacitation as opposed to the military’s sexual
assault briefings in which the law is intentionally and consistently
misstated.
Based
on the testimony and evidence in the case, the court members found the client
not guilty of all charges and specifications in the case (full
acquittal). The maximum authorized punishment for a court-martial
conviction on the allegations in this case would have included decades in
prison (50 years), punitive discharge (Dishonorable Discharge or Bad Conduct
Discharge), reduction in rank to lowest enlisted rank (E-1), total forfeitures
of pay and allowances, and sex offender registration would have been
required.
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, including military cases alleging rape and sexual assault (UCMJ Article
120), please see our other blog posts, including:
Thank you.
By: Attorney Richard
V. Stevens
Civilian criminal
defense lawyer and military defense lawyer
Military Defense Law
Offices of Richard V. Stevens, P.C.
Blog postscript:
Attorney Frank J. Spinner and I (attorney Richard V. 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 and military
justice. 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 and The Law Office of Frank J. Spinner for a free
consultation. These military defense law offices are located in Colorado
Springs, Colorado and Southern New Jersey, but the military defense
representation is worldwide – when necessary, the attorneys travel to wherever
the client is stationed.
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