Military Defense Lawyer (Former JAG Attorney) News:
Recently, a non-commissioned military officer (NCO) defended by
attorney Richard V. Stevens (Military Defense Law Offices of Richard V.
Stevens, P.C.) was found not guilty in a general court-martial trial of all
alleged sexual assault allegations he faced, by three complaining witnesses (UCMJ
Article 120).
The NCO client was accused by three
junior military members in a training environment of sexually assaulting them
during training exercises. The NCO pled
not guilty in his general court-martial trial, and the case was fully litigated
with numerous witnesses being called from bases around the country and
abroad. As the case progressed, the
truth was exposed as it became clear that the original allegation was made when
the accuser faced misconduct allegations herself, and shielded herself through
her claims against the defendant. Then, military investigators searched for
more complainants and, during their questioning, clearly influenced the others
by the information that was given.
At the close of the case, the NCO
client was found not guilty of all alleged sexual assault and sexual offense
allegations. While he was found guilty
of a single minor non-sexual offense, he was not sentenced to confinement (jail
time) or punitive discharge (bad conduct discharge or dishonorable discharge).
Had there been a sex crime conviction
in the case, the military accused could have been sentenced to a dishonorable discharge,
many years in prison and, in addition, he would have been required to register
as a sex offender. Thankfully, that did
not happen and he can move on from this without the stigma of a sexual assault
conviction to affect the remainder of his days.
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,
particularly cases alleging rape and/or sexual assault in violation of
UCMJ Article 120, type “rape” or “sexual assault” into the search bar above the
blog posts and see http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/.
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.
http://www.militaryadvocate.com
Civilian criminal defense lawyer and military defense lawyer
Military Defense Law Offices of Richard V. Stevens, P.C.
http://www.militaryadvocate.com
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 Northern Florida/Georgia areas, but
the military defense representation is worldwide – when necessary, the
attorneys travel to wherever the client is stationed around the world.
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