Gonzalez & Waddington – Attorneys at Law

Air Force Military Defense Lawyers – Court Martial Attorneys

How the Air Force Military Justice System Works

As a proud member of the United States Air Force, you have served our nation with utmost dedication and commitment. Yet, while you have put your life on the line for countless others, you may not know what to do when you are accused of a military crime such as sexual assault, murder, fraternization, drug crimes, or any General Article 134 UCMJ offense.

Civilian UCMJ Criminal Defense Lawyers for Air Force Court-martial Cases & Administrative Separations

A Military Conviction can be Devastating

Being found guilty of a misdemeanor, crime, or any other offense can not only tarnish your military career that you have worked to build but can also put your future at stake. therefore, to avoid life-altering repercussions, you need to take immediate action from the time you are accused. Additionally, it is crucial to hire military defense lawyers to help you protect yourself from any legal liabilities and keep your future safe and intact.

How Military Justice Differs from Civilian Defense

Many people outside the Army are unaware that military and civil law have a common foundation but differ in many components. The military justice process is complex and can confuse anyone, especially when they have to face it alone. Military commanders exercise their discretion when determining whether an offense should be charged and how so. Military commanders can use their discretion when administering military justice in the following ways:
  • Initiation of administrative action
  • Non-judicial punishment given by the commander (Article 15s of the UCMJ)
  • Through a court-martial

Collateral Consequences of an Air Force Military Conviction

  • Loss of all veteran and government benefits
  • Loss of disability and unemployment benefits
  • Loss of voting rights.
  • Loss of the ability to legally own or possess firearms.
  • Inability to qualify for bank loans or college financial aid.
  • Difficulty in obtaining meaningful employment.
  • Criminal records will remain in law enforcement databases.

Air Force Court-Martial Attorneys

Airmen can hire a civilian military defense attorney for non-judicial punishment and court-martial procedures. When facing a military court-martial, the command and JAG prosecutors can send you to one of three types of courts-martial.
  • A Summary Court-martial is reserved for relatively minor offenses.
  • A Special Court-martial is usually used for misdemeanor cases. At a summary court-martial, the maximum confinement is limited to one year.
  • A General Court-martial is the military’s highest level trial court where military service members are tried for serious, felony-level offenses.
If the Airmen are not satisfied with the verdict from their court-martial, they can further appeal to the US Air Force Court of Criminal Appeals. However, the process of appealing and defending yourself against a court-martial can be complicated when you are not well-versed with military law and the UCMJ. Our court-martial lawyers have vast legal knowledge of court-martials and the experience necessary to defend your military charges effectively.

Your Rights Within the Air Force

As an Air Force member, you have many rights afforded to civilians when it comes to protecting yourself from further legal harm (under Article 31 UCMJ). You have the right to remain silent when you are accused and throughout the legal procedures when you don’t have an experienced attorney by your side. You also have the right to appeal against any verdict or decision made through non-judicial punishment and court-martials. Depending on the severity of your case, the appeal can even go to the United States Supreme Court. You are entitled to hire an attorney, regardless of whether your case concerns military sexual assault or disobeying a superior’s order. Court-martial defense attorneys have fought many cases that can vary from civil offenses to military offenses and thus may provide you counseling and advice through your court-martial process. It’s easy to get lost in the complicated legal military procedures without knowing your entitlements. Availing yourself of an attorney can inform you more about the process and how you can prevent your future from being tarnished due to a wrongful conviction.

General court-martial maximum sentence:

  • Dishonorable discharge (enlisted)
  • Dismissal (officers)
  • A Dishonorable Discharge or Dismissal is mandatory for certain sexual offenses.
  • Total Forfeiture of all pay and allowances
  • Confinement for life without eligibility for parole
  • Death
  • Reduction to the grade of E-1
  • A fine
  • A reprimand
  • Hard about without confinement
  • Restriction
  • If convicted of certain sexual offenses, the service member has to register as a sex offender

A Solid Defense Against Varied Accusations

You may need to be defended against various accusations, both civil and military-related. They can include:
  • Military Rape and Sexual Assault under Article 120, UCMJ
  • Drug Offenses: Airmen may be accused of using drugs illegally if they have failed any required drug test. Depending on the commander, your punishment can range from administrative separations to a court-martial.
  • Obstruction of Justice: If you have knowingly or unknowingly taken actions that have actively prevented an active investigation, you can be charged with obstruction of justice.
  • Desertion: The government may attempt to prove that you have deserted your unit or taken a prolonged leave of absence with no intention of returning.
  • Refusal to Obey an Order (Article 92 of UCMJ): Airmen can be charged with Article 92 if they have willingly refused to obey orders, broken the Code of Conduct, or have not completed their duty

UCMJ Common Articles

You can be accused of violating many articles within the UCMJ. Some of the most common ones are:

Collateral Consequences of Sex Offender Registration:

  • Denied housing
  • Loss of family
  • Isolation
  • No educational opportunities
  • Unemployable
  • Physical assault
  • Increased homelessness
  • Harassment
  • Financial hardship
  • Stigmatization
  • The decline in mental health
  • No internet access
  • Deterioration of social bonds
  • Loss of residency
While the UCMJ has an extensive list of articles and crimes that Airmen can commit while on active duty, these are common articles cited during court-martials. Article 134 is also used to list offenses that may not have been covered by the UCMJ already. If you stand accused of crimes like sexual assault, it would be in your best interests to consult military sexual assault lawyers as soon as possible. It’s important not to make rash statements or insist on innocence if you have been accused, as any statements or admissions made by you can be used against you in a military court-martial trial. Consult a military defense attorney before taking any action or making statements.

Our Air Force Criminal Defense Lawyers Are Ready to Answer Your Call

Whether it’s in a civil court or a military court, being found guilty can be disastrous for anyone. Your future, present, and past could be put on the line when facing an Air Force court-martial without adequate protection from the best Air Force military defense lawyers available. If you are convicted by the Air Force at a court-martial, you could face severe punishments like loss of rank, confinement, fines, dishonorable discharge, and even death when you fail to hire an attorney in time to defend you against false or exaggerated military charges. At Gonzalez & Waddington, you can find capable and experienced Air Force criminal defense lawyers who will work day and night for you to make your conviction disappear. With a history of winning court-martial cases, our attorneys are taken seriously at any court. Call us at 1-800-921-8607 for experienced legal professionals who will help build an iron-clad case for you.

Punishments if convicted at an Air Force court-martial

Summary court-martial maximum sentence:

  • One month confinement
  • Hard labor without confinement for 45 days, Restriction for two months
  • Forfeiture of two-thirds of 1 month’s pay.
  • Enlisted members above E-4 may not be sentenced to confinement, hard labor without confinement, or reduced pay grade beyond one pay grade.

Special court-martial maximum sentence:

  • Bad Conduct Discharge (enlisted)
  • Forfeiture of two-thirds pay
  • Confinement for twelve months
  • Reduction to the grade of E-1
  • A fine
  • A reprimand
  • Hard about without confinement
  • Restriction
  • If convicted of certain sexual offenses, the service member has to register as a sex offender

Our Air Force court-martial defense attorneys defend Airmen at the following Air Force Bases:

Maxwell Air Force Base, Alabama Eielson AFB Elmendorf AFB Davis-Monthan Air Force Base Luke Air Force Base, Arizona Little Rock Air Force Base, Arkansas Beale Air Force Base, California Edwards Air Force Base, California Los Angeles Air Force Base, California Travis Air Force Base, California Vandenberg AFB Buckley Air Force Base, Colorado Peterson AFB Schriever Air Force Base, Colorado USAF Academy Dover Air Force Base, Delaware Bolling AFB/AF Pentagon Eglin Air Force Base, Florida Hurlburt Air Force Base, Florida MacDill Air Force Base, Florida Patrick Air Force Base, Florida Tyndall AFB Moody Air Force Base, Georgia Robins Air Force Base, Georgia Hickam AFB Mountain Home AFB Scott Air Force Base, Illinois McConnell Air Force Base, Kansas Barksdale Air Force Base, Louisiana Andrews AFB Hanscom AFB Columbus Air Force Base, Mississippi Keesler AFB Whiteman AFB Malmstrom AFB Offutt Air Force Base, Nebraska Nellis AFB McGuire AFB Cannon Air Force Base, New Mexico Holloman Air Force Base, New Mexico Kirtland AFB Pope Air Force Base, North Carolina Seymour Johnson Air Force Base, North Carolina Grand Forks Air Force Base, North Dakota Minot Air force Base, North Dakota Wright-Patterson AFB, Ohio Altus Air Force Base, Oklahoma Tinker Air Force Base, Oklahoma Vance AFB Charleston AFB Shaw Air Force Base, South Carolina Ellsworth Air Force Base, South Dakota Arnold AFB, Tennessee Brooks City-Base Dyess Air Force Base, Texas Goodfellow AFB Lackland AFB Laughlin AFB Randolph AFB Sheppard Air Force Base, Texas Hill Air Force Base, Utah Langley AFB Fairchild Air Force Base, Washington McChord AFB F. E. Warren AFB Kunsan Air Base, Republic of Korea Osan Air Base, Republic of Korea RAF Alconbury, Cambridgeshire, United Kingdom RAF Croughton, Northamptonshire, United Kingdom RAF Fairford, Gloucestershire, United Kingdom RAF Feltwell, Norfolk, United Kingdom RAF Fylingdales, North York Moors, United Kingdom RAF Lakenheath, United Kingdom RAF Menwith Hill, North Yorkshire, United Kingdom RAF Mildenhall, Suffolk, United Kingdom RAF Molesworth, Cambridgeshire, United Kingdom RAF Welford, Berkshire, United Kingdom Büchel Air Base, Germany NATO Air Base Geilenkirchen, Germany Ramstein Air Base, Germany Spangdahlem Air Base, Germany Landstuhl Regional Medical Center Aviano Air Base, Italy Ghedi Air Base, Italy Ankara Support Facility, Turkey Incirlik Air Base, Turkey Izmir Air Station, Turkey Chievres Air Base, Belgium Kleine Brogel Air Base, Belgium Lajes Field,Terceira Island, Azores, Portugal Morуn Air Base, Spain Pбpa Air Base, Hungary Stavanger Air Station, Norway Volkel Air Base, Netherlands Kadena Air Base, Okinawa, Japan Misawa Air Base, Japan Yokota Air Base, Japan Al Dhafra Air Base, United Arab Emirates Al Udeid Air Base, Qatar Ali Al Salem Air Base, Kuwait Sheik Isa Air Base, Bahrain RAFO Thumrait, Oman

Call 1-800-921-8607 or fill out this form to speak with a criminal defense lawyer.

Name:

Location:

Email:

Phone:

Does this case involve sexual assault or a sex-related offense?

Briefly Describe Your Situation:

Our criminal defense lawyers defend civilian criminal cases in Florida State Courts, Federal Courts, and Military Courts worldwide.

Skip to content