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Monday, October 30, 2017

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

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 court-martial, in which he was accused of sexual assault, dropped by the government just prior to trial (UCMJ Articles 120). 

The client was accused of sexual assault by his former wife during a custody dispute.  She claimed the offense occurred during their marriage, but it was not included in the divorce and original custody documents.  The case proceeded through an Article 32 (probable cause) preliminary hearing and was referred to a general court-martial trial.  As trial approached, the defense filed multiple motions, some of which dealt with the complainant’s history, including issues regarding the complainant’s credibility and motives.  After the defense filed these motions, and just weeks before trial was set to begin, the complainant elected not to participate in the prosecution of the case, and the government withdrew and dismissed charges, ending the case.  

Had the client been convicted of sexual assault as charged, he faced a sentence that could have included a Dishonorable Discharge, 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.  Thankfully, the client can now 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:

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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