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.
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 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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