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Wednesday, December 23, 2015

CIVILIAN COURT-MARTIAL DEFENSE LAWYERS: Military Non-Commissioned Officer (NCO) Found Not Guilty of All Charges and Specifications at Military Assault Court-Martial Trial (UCMJ Article 128)

Military Criminal Defense Lawyer (Former JAG Attorney) News:

Recently, a military non-commissioned officer (NCO) who faced a court-martial in which he was accused of assault consummated by battery ("domestic violence") and drunk and disorderly conduct was found not guilty of all charges and specifications at his military court-martial trial.  The accused military member was defended by military law attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.). 

The military client was accused of domestic violence in two alleged incidents (Assault and Assault Consummated by Battery, UCMJ Article 128) and drunk and disorderly conduct (UCMJ Article 134) in an alleged separate event, but the accusations were not made by the alleged victim.  During trial, the credibility of the witnesses who claimed the accused committed these offenses was challenged, both by pointing out memory and intoxication issues, but also by pointing out that the main accuser had a motive to make the false claims and to have associates of his join in the story.  The main accuser had a serious feud with the accused, and had recently been arrested for assaulting the military client and the victim.  When the accuser’s case was resolved in court, he then reported the claims against the military client in this case. 

The military client pled not guilty in front of a military judge (as opposed to a military jury) and the military trial judge found the accused not guilty of all charges and specifications (full acquittal).    

Had there been a conviction in the case, the military accused could have been sentenced to a bad conduct discharge, up to a year in prison, forfeitures of pay and allowances, and reduction in rank to E-1.  Thankfully, that did not happen, the client’s record is clear, and he can return to his military career.    

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 about the military justice system, see:

We offer free consultations for a case you may be involved in.  Just call us.

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 Northern Florida (Pensacola, Ft Walton, Destin, Eglin AFB, Hurlburt Field, Duke Field, Panama City, Tyndall AFB areas) and Colorado Springs, Colorado (FT Carson, Peterson AFB, Air Force Academy, Schriever AFB, Cheyenne Mountain Air Force Station, Buckley AFB areas), but our military defense law practices are worldwide – we travel to wherever our clients are stationed or serving and need us.

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