Military-specific offenses demand the need for hiring a military law attorney who has experience with military courts. Whether you have been charged with dereliction of duty, absent without leave (AWOL), conduct unbecoming an officer, or a different offense, a lawyer can help you. Contact our military defense lawyer and discuss your case at no charge to learn more.
The Uniform Code of Military Justice (UCMJ)
The UCMJ is the basis for laws for American military forces, and just like civilians, service members have the right to hire a military defense lawyer to protect their rights. An attorney provides legal services to those who wish to have a skilled and experienced representative rather than take their chances with a free lawyer assigned to them by the military.
Our military defense lawyer is thoroughly familiar with Article 134 of the UCMJ and as such has a firm understanding of how best to protect his client’s rights. He is prepared to fight aggressively on your behalf if you have been charged with an offense that is military-specific or civilian in nature.
Serious military-specific charges are tried in a court-martial. Though a percentage of military offenses have their civilian equivalent, many are unique to the armed services. These are some common examples, and they are charges for which a military defense lawyer can represent you:
· Disrespecting a non-commissioned officer
· Disrespecting a superior officer
· Insubordinate conduct
· Misconduct as a prisoner
· Absent without leave
· Failure to report
· Failure to obey an order
· Cruelty and maltreatment
· Wearing false awards
Court Martial Offenses
A service member may be tried in a court-martial for military-specific charges as well as for non- military-specific charges. Because a military defense lawyer has many years of experience handling both types of cases, regardless of the nature of your charge, or if your charges overlap both categories, he can help you. What follows are examples of offenses that may merit a court-martial:
· Military-specific offenses: This is an incomplete list as there are many that qualify but here are the most common:
o Desertion (Article 85)
o Absent without leave (Article 86)
o Insubordinate conduct (Article 91)
o Mutiny and sedition (Article 94)
o Misconduct as a prisoner (Article 105)
o Malingering (Article 115)
o Conduct unbecoming an officer (Article 133)
· Civilian analog offenses: though these also fall within the UCMJ, they are crimes that have equivalent charges and punishments for convictions under civil laws. Whether or not your charges are listed below a military defense lawyer can handle your case. Examples of such charges include:
o Conspiracy (Article 81)
o Murder (Article 118)
o Rape (Article 120)
o Robbery (Article 122)
o Assault (Article 128)
· General Article 134: under this Article, a service member can still be tried in a court-martial for offenses that are not specified within the punitive Articles. Depending on the nature of the crime, the accused may be tried in a general, special, or summary court martial proceeding. Your military defense lawyer from our firm can provide more clarity based on the specifics of your charges.
Learn more about how a military defense lawyer can protect your best interests—call us today for a free consultation.
Thanks to The Federal Practice Group for their insight into military specific defenses.