Understanding Article 128 UCMJ: A Guide to Domestic Violence and Aggravated Assault in the Military
Facing an accusation of domestic violence or aggravated assault under Article 128 of the Uniform Code of Military Justice (UCMJ) can be a daunting experience for military servicemembers and their families. These serious charges can lead to severe consequences, impacting your military career, personal reputation, and potentially leading to confinement. As many servicemembers are aware, […]
Understanding NJP Rights: A Guide for Service Members
Understanding NJP Rights: A Guide for Service Members Non-Judicial Punishment (NJP) allows military commanders to address minor offenses without a court-martial. Here’s a quick breakdown of your rights and options: Key Rights: You can accept or refuse NJP (unless you’re aboard a vessel), consult legal counsel, review evidence, and appeal decisions within 5 days. Accepting […]
Understanding Military Polygraph Tests in Sexual Assault Investigations: What You Need to Know
When faced with allegations of sexual assault, understanding every aspect of the investigation process is crucial for servicemembers and their families. One of the most contentious tools in these investigations is the military polygraph test. Often shrouded in mystery and skepticism, many wonder: how reliable are these tests, how are they used, and what should […]
Understanding the Impact of Alcohol on Consent in Military Sexual Assault Cases
Military service members face unique challenges, particularly when it comes to navigating the complex landscape of sexual assault allegations. A significant aspect of these cases is understanding the effects of alcohol on consent. With military culture often intertwined with social drinking, questions arise: How does alcohol impact an individual’s ability to consent? Can it affect […]
Challenging Military Sexual Assault Convictions: Your Guide to the Appeal Process
Facing a military sexual assault conviction is a daunting experience, not only for the accused but also for their families. The consequences can be life-altering, including prison time, dishonorable discharge, and the lasting stigma that comes with such allegations. Many servicemembers may wonder: ‘Can you fight a military sexual assault conviction on appeal?’ Understanding the […]
Understanding the Impact of an Administrative Separation Board Following a Sexual Assault Charge
Facing allegations of sexual assault while serving in the military can be one of the most tumultuous experiences for servicemembers and their families. Not only do these accusations carry significant legal ramifications, but they also threaten the very foundation of a servicemember’s career and reputation. One crucial aspect of this process is an administrative separation […]
Understanding the Impact of Military Protective Orders in Sexual Assault Cases
When a military servicemember faces allegations of sexual assault, one significant legal tool that may come into play is the military protective order (MPO). These orders, crucial in safeguarding against further harm, also carry profound implications for all parties involved. Military protective orders are designed to immediately and effectively address situations of risk and help […]
How Military Defense Lawyers Tackle Article 120 Allegations: Strategies and Insights
Navigating the military justice system can be a daunting endeavor for servicemembers, particularly when faced with serious charges such as those outlined under Article 120 of the Uniform Code of Military Justice (UCMJ). This section addresses allegations of sexual assault, which carry significant consequences not only to one’s military career but also to personal reputation […]
Unraveling Sexual Assault and False Memories in UCMJ Cases: Understanding the Complexities
In recent years, the military has taken significant strides in addressing sexual assault cases within its ranks, resulting in a complex web of legal proceedings under the Uniform Code of Military Justice (UCMJ). However, while the impetus to combat sexual violence is noble, the legal landscape is fraught with challenges—especially when it comes to memory […]