UCMJ Military Defense Lawyers

Military Article 128 – Assault & Strangulation Defense Lawyer in Ft. Lauderdale

Military Criminal Defense Lawyers

Understanding Defense for Article 128 Assault and Strangulation Charges

Article 128 of the Uniform Code of Military Justice (UCMJ) addresses offenses involving assault and strangulation within the military justice system. Facing such charges requires a clear understanding of the legal process and the potential consequences involved. Our firm provides dedicated legal defense services to those accused under Article 128, ensuring their rights are protected throughout the proceedings.

Military personnel charged with assault or strangulation offenses under Article 128 encounter complex legal challenges. These cases can impact careers, reputations, and personal lives profoundly. It is essential to have knowledgeable representation to navigate the military justice system while seeking the best possible outcome for each case.

The Importance of Skilled Defense in Article 128 Cases

Defense services for Article 128 charges play a vital role in safeguarding the rights of military members. Proper legal guidance helps clarify the charges, explores all possible defenses, and strives to reduce or dismiss allegations. This defense approach ensures that each client receives a fair assessment under military law while maintaining their dignity and future opportunities.

About Our Firm and Our Commitment to Military Clients

Based in Ft. Lauderdale, our personal injury law firm extends comprehensive legal support to military personnel charged under Article 128. Our team understands the nuances of military law and is dedicated to providing attentive, strategic defense. We prioritize clear communication and thorough case preparation to support each client’s unique situation.

Comprehensive Guide to Article 128 Assault & Strangulation Defense

This guide aims to provide a detailed overview of Article 128 charges, including the legal definitions of assault and strangulation in the military context. Understanding these elements is essential for anyone facing such allegations or seeking to support a loved one through the process.

We explore the legal procedures, potential penalties, and defense strategies applicable to Article 128 cases. This information empowers clients with knowledge and prepares them to make informed decisions regarding their legal representation and case management.

What Constitutes Assault and Strangulation Under Article 128

Article 128 defines assault as an unlawful attempt or offer with force or violence to do bodily harm to another person. Strangulation involves intentionally impeding the normal breathing or blood circulation of another person by applying pressure to the throat or neck. These actions are treated seriously within the military justice system due to their potential harm and impact on unit cohesion.

Key Elements and Legal Processes in Article 128 Cases

To successfully defend a charge under Article 128, it is important to understand the critical elements the prosecution must prove. This includes intent, the nature of the act, and the resulting harm. The legal process typically involves investigation, pre-trial hearings, and possibly a court-martial, where evidence and testimony are carefully examined.

Key Terms and Glossary for Article 128 Defense

Familiarity with common terms related to Article 128 defense can enhance understanding and communication throughout the legal process. Below are explanations of some important concepts frequently encountered in these cases.

Assault

An act that intentionally causes another person to fear or experience bodily harm, often involving physical contact or the threat thereof.

Strangulation

The act of applying pressure to the neck or throat to restrict breathing or blood flow, which can cause serious injury or death.

Court-Martial

A military court responsible for trying members of the armed forces accused of violations of the UCMJ.

UCMJ

The Uniform Code of Military Justice, the federal law that governs the military justice system and outlines offenses and procedures.

Comparing Legal Options for Article 128 Defense

Military personnel facing Article 128 charges may consider various legal paths, including self-representation, seeking military defense counsel, or hiring civilian attorneys familiar with military law. Each option offers different advantages and challenges, depending on the case specifics and desired outcomes.

When a Limited Legal Approach May Be Appropriate:

Minor or Disputed Charges

In cases where the alleged offense is minor or there is significant dispute about the facts, a focused defense strategy targeting specific charges or evidence may suffice. This approach can streamline proceedings and reduce legal expenses while addressing the core issues effectively.

Early Resolution Opportunities

When early discussions with commanding officers or prosecutors suggest the possibility of reduced charges or alternative resolutions, a limited defense approach concentrating on negotiation may be beneficial.

Why a Comprehensive Defense Approach Is Often Necessary:

Complexity of Military Law

Military legal proceedings involve intricate rules and standards that require thorough understanding. A comprehensive approach ensures all legal defenses are explored, evidence is meticulously reviewed, and procedural protections are enforced.

Seriousness of Potential Penalties

Given the significant consequences of Article 128 convictions, including possible confinement and career impact, a full-scale legal defense is critical to protect the client’s rights and future.

Benefits of a Comprehensive Legal Defense for Article 128 Charges

A comprehensive defense strategy provides a thorough examination of all case aspects, enabling the identification of weaknesses in the prosecution’s case and the development of strong counterarguments. This approach aims to achieve the most favorable possible outcome for the client.

In addition to legal defense, comprehensive representation includes guidance through the military justice process, emotional support, and assistance with related administrative matters, helping clients manage the overall impact of the charges.

In-depth Case Analysis

Detailed investigation and review of evidence ensure that all legal and factual issues are addressed, which can uncover opportunities for case dismissal or reduction of charges.

Strategic Defense Planning

A well-organized defense plan considers every stage of the military justice process, preparing for hearings, negotiations, and trial to safeguard the client’s best interests.

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Pro Tips for Navigating Article 128 Defense

Act Promptly and Seek Legal Guidance

Timely consultation with a qualified defense attorney is essential after receiving an Article 128 charge. Early action helps preserve evidence, formulate a defense strategy, and provide comprehensive support.

Understand Your Rights and the Process

Familiarize yourself with military legal procedures and your rights under the UCMJ to make informed decisions and participate actively in your defense.

Maintain Professionalism and Cooperation

While defending your case, maintaining professionalism with command and legal personnel can positively influence proceedings and potential outcomes.

Why Consider Legal Defense for Article 128 Charges

Facing charges under Article 128 can lead to severe penalties affecting your military career and personal life. Professional legal defense helps protect your rights and work towards the best possible resolution.

The military justice system is complex and differs significantly from civilian courts. Having knowledgeable representation ensures that procedural safeguards are observed and that your case is thoroughly evaluated.

Common Situations That May Require Article 128 Defense

Various circumstances can lead to Article 128 charges, including disputes escalating to physical confrontation, allegations of improper use of force, or misunderstandings during military duties. Defense services are crucial to navigate these complex scenarios.

Alleged Physical Assault During Duty

Incidents involving physical altercations between service members while on duty are often subject to Article 128 investigation and charges, necessitating legal defense to address the allegations properly.

Claims of Strangulation or Choking

Accusations involving strangulation require careful legal scrutiny due to the serious nature of the offense and potential consequences under military law.

Misunderstandings Leading to Assault Charges

Sometimes, actions may be misinterpreted or taken out of context, resulting in assault charges. Effective defense seeks to clarify facts and protect the accused’s rights.

Meet Your Defense Team

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Alexandra Gonzalez - Top Military Defense Lawyer

Michael S. Waddington

Criminal Defense Lawyer

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PARTNER

Michael Waddington is a best‐selling author and criminal defense attorney who represents military personnel in courts worldwide—both after charges are filed and during pre‐charge investigations—specializing in serious offenses such as war crimes, sex crimes, violent crimes, and white‐collar cases. Drawing on his rigorous discipline from Brazilian Jiu‐Jitsu, he trains both civilian and military defense lawyers in advanced cross‐examination techniques, a skillset detailed in his three popular books on the subject. His expertise is regularly sought by major media outlets—ranging from CNN and 60 Minutes to the BBC and ABC’s “Nightline”—and he has even contributed to episodes of the Golden Globe–winning series “The Good Wife.” Michael instructs both civilian and military criminal defense attorneys on the art of effectively cross-examining and discrediting adversarial witnesses. Drawing from his three best-selling books on cross-examination and years of experience confronting numerous cunning and aggressive prosecution witnesses.
Alexandra Gonzalez - Top Military Defense Lawyer

Alexandra González-Waddington

Criminal Defense Lawyer

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PARTNER

Alexandra González is a founding partner of González & Waddington Law Firm, practicing in Florida, Georgia, and military courts worldwide, where she has defended hundreds of clients charged with violent crimes, sexual assault, and white-collar offenses since 2003. She has led high-profile military sexual assault and war-crimes cases stemming from the Iraq and Afghanistan conflicts and is regularly featured by major outlets such as 60 Minutes, ABC’s Nightline, Rolling Stone, the BBC, Fox News, and CNN. As one of the first Public Defenders for Georgia’s Augusta Judicial Circuit, she handled a broad spectrum of cases—including rape, larceny, violent crimes, and domestic violence—and she holds a J.D. from Temple University’s Beasley School of Law, where she completed the nationally ranked Integrated Trial Advocacy Program. A Georgia-registered mediator, she continues to shape the practice of military and civilian defense through her courtroom work and advocacy.

Battle-Tested Results

Recent Case Results

Make a False Rape Allegation & Win Soldier of the Year

U.S. v. Army CW2 – Fort Gordon, GA

Allegations: RAPE, Fraternization, Adultery
Max Punishment: LIFE, Dismissal, Sex Offender Registration
Result: ALL CHARGES DISMISSED
Discharge: RETIRED WITH AN HONORABLE
Location/Branch/Rank: Fort Gordon – Augusta, GA/Army/CW2

Cheating Marine Officer Calls Rape

U.S. v. Marine O-3 – Marine Forces Reserve, Naval Support Activity, New Orleans, LA Allegations: Article 120 Rape/Sexual Assault Max Punishment: Life in prison, Dismissal, Sex offender registration

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Take Command of Your Defense

At our Ft. Lauderdale firm, we understand the unique challenges faced by military members accused under Article 128. We are committed to providing compassionate, thorough legal support to help you navigate the military justice system with confidence.

Why Military Members Choose Our Defense Services for Article 128 Charges

Our firm is dedicated to representing service members charged under the UCMJ with personalized attention and a steadfast commitment to their defense. We prioritize understanding each client’s situation and working diligently to protect their rights.
With extensive experience in military law and a focus on clear communication, we provide strategic defense solutions tailored to the complexities of Article 128 cases, helping clients through every step of the military legal process.

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Check Out Our Newest Book

UCMJ Survival Guide

UCMJ Survival Guide: The Complete Military Justice Manual for Service Members & Families: Whether you’re facing an investigation, court-martial, Article 15 (NJP), or administrative separation, UCMJ Survival Guide is your essential resource for navigating the military justice system. Written by two of the most experienced and respected military defense lawyers in the field—Michael and Alexandra Waddington—this comprehensive guide delivers clear, actionable strategies to protect your career, reputation, and future. Michael and Alexandra are among the top military defense lawyers and recognized as some of the most experienced sexual assault defense attorneys in the country. They have successfully defended service members in high-profile Article 120 UCMJ sexual assault cases, complex court-martials, and administrative separation proceedings across all branches of the U.S. military.
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Worldwide Military Defense Experience

Defending Service Members Across Every Theater and Installation

The González & Waddington Law Firm’s global reach sets them apart from regional military defense attorneys. With active cases spanning from Fort Bragg to forward operating bases in combat zones, from Norfolk Naval Station to remote Air Force installations, their practice truly encompasses the worldwide nature of modern military service.
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Specialized Expertise in Serious Military Offenses

War Crimes, Sexual Assault, Violent Crimes, and White-Collar Defense

The most serious charges under the UCMJ require the most experienced defense attorneys. The González & Waddington Law Firm has built its reputation by successfully defending service members against the gravest allegations—cases where the stakes couldn’t be higher and the margin for error is virtually nonexistent.
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Media and High-Profile Case Experience

Featured on CNN, 60 Minutes, BBC, and Major News Outlets

The legal expertise of Michael Waddington and Alexandra González-Waddington has garnered attention from the world’s most prestigious media outlets, a testament to their standing as leading authorities in military criminal defense. This media recognition reflects not only their legal acumen but also their ability to handle high-stakes cases under intense public scrutiny.
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Frequently Asked Questions About Article 128 Defense

What is Article 128 in the military?

Article 128 of the Uniform Code of Military Justice outlines offenses related to assault and other forms of bodily harm within the military. It sets the standards for what constitutes assault and the legal consequences for such actions. Understanding this article is essential for service members to know their rights and responsibilities under military law. Military justice is distinct from civilian law and follows its own procedures and penalties. Charges under Article 128 can vary in severity, depending on the nature of the assault and its circumstances.

Penalties for assault under Article 128 can range from non-judicial punishment to court-martial convictions with severe consequences, including confinement, reduction in rank, or discharge from service. The specific penalty depends on factors such as the severity of the assault, injury caused, and the service member’s prior record. Military courts consider these factors carefully to determine appropriate sentences. It is important to have skilled legal representation to navigate these proceedings and present a strong defense.

While service members have the right to represent themselves in Article 128 cases, it is generally not recommended due to the complexity of military law and the potential consequences involved. Self-representation may lead to misunderstandings of legal procedures or inadequate defense strategies. A knowledgeable defense attorney can provide necessary guidance, protect your rights, and help achieve the most favorable outcome possible. Legal counsel also assists with navigating the military justice system effectively.

The military court process for assault charges typically involves an investigation, pre-trial hearings, and potentially a court-martial trial. During these stages, evidence is gathered, legal arguments are made, and decisions regarding the charges and penalties are determined. The process is governed by the UCMJ and military rules of procedure. Understanding this process helps service members prepare adequately and participate effectively in their defense.

Defenses for strangulation charges under Article 128 may include questioning the intent, disputing the occurrence or severity of the act, or demonstrating a lack of evidence supporting the allegations. Each case is unique, and defense strategies are tailored to the specific facts and circumstances involved. A comprehensive legal defense examines all possible angles to protect the client’s rights and interests throughout the legal proceedings.

The duration of an Article 128 case can vary widely based on factors such as the complexity of the allegations, the availability of evidence, and the military court’s schedule. Some cases may resolve quickly through negotiation or dismissal, while others proceed to full court-martial trials lasting several months. Patience and thorough preparation are important to managing the process effectively. Your legal team will keep you informed about timelines and developments.

A conviction under Article 128 can significantly affect a service member’s military career, potentially resulting in loss of rank, pay, benefits, or even discharge. The severity of the impact depends on the specific penalties imposed and the service member’s circumstances. It is essential to address these charges seriously and seek qualified defense to protect your future in the military and beyond. Legal representation aims to minimize negative consequences whenever possible.

Preparing for your Article 128 defense involves gathering all relevant facts, documentation, and witness information related to the incident. It is important to be honest and open with your legal counsel about the circumstances to facilitate effective defense planning. Understanding the military justice process and your rights also helps in making informed decisions. Early preparation can improve the chances of a positive resolution.

A civilian lawyer experienced in military defense can provide valuable assistance by offering an outside perspective and specialized knowledge of military law. They work alongside military defense counsel or independently to advocate for the service member’s rights. Civilian attorneys can also support related matters such as administrative hearings or appeals. Their involvement enhances the overall defense strategy and client support.

Article 128 charges can sometimes be dismissed or reduced depending on the evidence, procedural issues, or successful negotiation with prosecutors. Factors such as lack of proof, mistaken identity, or mitigating circumstances may lead to favorable outcomes. Effective legal defense seeks these possibilities to avoid harsh penalties. Each case is unique, so consulting with an experienced defense team is crucial to explore all options.

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