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Tuesday, July 25, 2017

Civilian Court-Martial Defense Lawyer: Assault and Sexual Assault Allegations Dropped Against Military Non-Commissioned Officer (NCO) Represented by Attorney Richard V. Stevens (UCMJ Articles 120 and 128)

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.) had the assault and sexual assault court-martial allegations he faced dropped by the government prior to trial (UCMJ Articles 120 and 128). 

The client was a training NCO accused of inappropriate text communications with two junior military members in that training course. When the investigation began, one of those trainees also made false sexual assault allegations against the client, likely to shield herself from scrutiny and obtain military benefits. She was successful, as she did not face discipline for her inappropriate texting with the client, and she received military benefits for the (false) sexual assault allegations.

General court-martial charges were preferred and referred to trial, including four allegations of assault and sexual assault claimed by that one complainant.  Two of the allegations were Aggravated Sexual Contact and Abusive Sexual Contact (Article 120) and two of the allegations were Assault Consummated by a Battery (Article 128).  As trial approached, these dubious allegations were contradicted by the forensic analysis of the complainant’s phone. It was clear she was not victimized by the accused military member.  Ultimately, the government agreed to drop all of the assault and sexual assault allegations, and the client pled guilty to inappropriate texting in violation of the applicable training regulation.  Despite this being a general court-martial, he was sentenced to no punitive discharge (dishonorable discharge or bad conduct discharge), 30 days confinement for the training regulation violations, and lost some, but not all, rank. 

Had he been convicted of sex crimes as charged, he faced a sentence that could have included a Dishonorable Discharge, max. 31 years in prison, reduction in rank to E-1, total forfeitures of pay and allowances, and he would have been required to register as a sex offender.  The outcome of this case avoided a punitive discharge, significant confinement, total reduction, and adjudged forfeitures.  It also avoided any conviction for nonconsensual sex offenses or assault, and there will be no sex offender registration.  Thankfully, the client can move on from this without the stigma of a sexual assault conviction to affect the remainder of his days.  The complainant, of course, thus far has retained the military benefits she received despite her allegations being exposed as false and dropped by the government. 

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:

Mr. Stevens has been handling military cases on and off active duty since 1995.  For descriptions of military cases defended by attorney Richard V. Stevens in recent previous years, please see:

Other 2017 Cases:

2016 Cases:

2015 Cases:

2014 Cases:

2013 Cases:

2012 Cases:

2011 Cases:

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: I (attorney Richard V. Stevens) am a former active duty military lawyer (JAG). My perspectives and advice, therefore, are based upon my experience as military defense lawyer and as a civilian criminal defense lawyer 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 for a free consultation. These military defense law offices are located in the 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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