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
of all allegations he faced in a general court-martial trial. Those allegations included sexual assault,
assault, and related offenses (full acquittal).
(UCMJ Articles 120 and 128).
The client was accused of assault
and sexual assault by a civilian acquaintance.
The complainant claimed she met the client in a bar on the night of the
event, and that he sexually assaulted her in an aggressive and violent
manner. Throughout the general
court-martial trial, the defense discredited her claims. While she alleged the act was considerably
violent, the medical exam did not support her claims. Moreover, the complainant denied the most
violent aspects of the alleged event when initially questioned by law
enforcement and the forensic nurse examiner.
The defense was able to point out the many times the complainant changed
her story, and issues that impacted her credibility, reliability, and motives –
to include drug use that night, medical issues impacting her mind, and a romantic
relationship she had with another man, who would have learned that she left the
bar with the client because they were seen leaving together by friends of the
man.
The trial was litigated over the
course of 4 days, and included testimony by experts in infectious disease,
endocrinology, toxicology, strangulation, DNA, serology, and human sexuality.
Had the client been convicted of
sexual assault as charged, he faced a sentence that could have included a
Dishonorable Discharge, nearly 80 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: http://militaryadvocate.com/military-offenses/rape-sexual-assault-sodomy/
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:
http://militaryadvocate.blogspot.com/2017/07/civilian-court-martial-defense-lawyer_96.html
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.
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
No comments:
Post a Comment