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Wednesday, May 24, 2023

CIVILIAN COURT-MARTIAL DEFENSE LAWYER: CONVICTION SET ASIDE FOR SENIOR OFFICER WHO HAD BEEN CONVICTED OF ASSAULT (UCMJ ARTICLE 128)

 

Military Defense Lawyer (Former JAG Attorney) News:

Several years ago, attorney Richard V. Stevens (Military Defense Law Offices of Richard V. Stevens, P.C.) represented a senior military officer who was accused of multiple sexual assaults and physical assaults by his former wife – in the midst of a contentious divorce proceeding.  The case went to a general court-martial trial in the military, and the senior officer was found not guilty of every alleged sexual assault and physical assault except for one, very minor, alleged physical assault that would be considered a “misdemeanor” offense in the civilian justice system. 

The accused senior officer retired from the military after the case was over.  During the post-trial processing of the case, however, the complainant admitted that the one minor physical assault that the senior officer was convicted of did not occur as she had testified that it did.  A post-trial motion hearing was then held in which the complainant’s testimony was again taken and, based on the findings from that hearing, the conviction was set aside, thereby clearing the senior officer’s record. 

While it was a very long and challenging road for the client, his record was cleared, which has particular benefits for his military retirement. 

While this military court-martial and sexual assault 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:

https://militaryadvocate.com/military-offenses/sex-crimes/

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.

https://militaryadvocate.com/

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 Washington DC, Northern Virginia, Maryland, National Capital Region (NCR), 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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