UCMJ Military Defense Lawyers

Military Article 120c – Defense Against Other Sexual Misconduct Charges

Military Criminal Defense Lawyers

Understanding Article 120c and Its Implications Under the UCMJ

Article 120c addresses specific sexual misconduct offenses under the Uniform Code of Military Justice (UCMJ). This legal provision covers a range of behaviors classified as sexual misconduct, which can have serious consequences for service members. Individuals facing charges under Article 120c require a thorough understanding of the law and the defense strategies available to navigate the military justice system effectively.

Our legal team is committed to providing comprehensive guidance and support to those accused of offenses under Article 120c. We recognize the complexity of these cases and the importance of protecting the rights of the accused while ensuring a fair legal process within the military justice framework.

The Significance of Addressing Article 120c Charges Promptly

Timely and informed legal representation is essential when confronting allegations related to Article 120c. Addressing these charges with a strategic approach helps safeguard your future military career and personal reputation. By understanding the nuances of the law and military procedures, defendants can better navigate the complexities of their case and work towards the most favorable outcome possible.

Our Commitment to Serving Military Personnel Accused Under Article 120c

Based in Ft. Lauderdale, our firm is dedicated to assisting service members facing charges under the UCMJ, including Article 120c. We focus exclusively on military defense law and have extensive knowledge of the military justice system. Our team understands the unique challenges these cases present and is prepared to provide personalized legal support every step of the way.

Comprehensive Guide to Defending Against Article 120c Charges

This guide aims to clarify the key aspects of Article 120c offenses and the defense options available. Understanding the charges, potential penalties, and legal processes involved is crucial for anyone navigating these allegations. We provide clear, actionable information tailored to service members’ specific needs within the military justice system.

Whether you are newly facing charges or seeking additional information about your rights and defense strategies, this resource serves as a valuable starting point. It highlights critical considerations and outlines steps to take when confronted with allegations of other sexual misconduct under the UCMJ.

Defining Article 120c: What Constitutes Other Sexual Misconduct?

Article 120c of the UCMJ covers conduct that is considered sexual misconduct but does not fall under more severe sexual assault charges. This includes actions that violate military regulations regarding sexual behavior, which may differ from civilian law. Understanding the specific definitions and criteria within the military context is essential for an effective defense.

Key Elements of Article 120c and the Military Legal Process

A charge under Article 120c involves specific elements that the prosecution must prove beyond a reasonable doubt. These include the nature of the alleged misconduct and the circumstances under which it occurred. The military legal process also involves investigation, potential non-judicial punishment, and courts-martial proceedings, all of which require careful legal navigation.

Glossary of Key Terms Related to Article 120c

Familiarity with legal terminology is helpful in understanding charges and proceedings under Article 120c. Below are explanations of common terms you may encounter during your case.

Uniform Code of Military Justice (UCMJ)

The UCMJ is the foundation of military law in the United States, outlining offenses, procedures, and penalties that apply to service members. It governs all aspects of military justice, including Article 120c offenses.

Court-Martial

A court-martial is a military court that tries service members accused of offenses under the UCMJ. It functions similarly to civilian criminal courts but follows military-specific rules and procedures.

Non-Judicial Punishment (NJP)

NJP is a disciplinary process used in the military to address minor offenses without a formal court-martial. It can include penalties like reduction in rank or extra duties but does not create a criminal conviction.

Article 120c Offense

An Article 120c offense refers to a category of sexual misconduct under the UCMJ that includes acts not classified as sexual assault but still considered violations of military law regarding sexual behavior.

Comparing Defense Strategies for Article 120c Cases

Defendants facing Article 120c charges have multiple legal options ranging from negotiation to full trial defense. Choosing the right approach depends on the specifics of the case, evidence, and desired outcomes. Understanding these options helps service members make informed decisions about their defense.

Situations Where a Focused Defense May Be Appropriate:

Minor Allegations or Lack of Evidence

In some cases, charges may be based on minimal evidence or involve minor infractions. A limited legal approach focusing on negotiation or alternative resolutions may be sufficient to mitigate consequences without prolonged litigation.

Desire to Expedite Resolution

When service members prioritize a swift resolution to move forward, a limited defense strategy aimed at plea agreements or administrative resolutions can be effective, balancing the need for protection with practical considerations.

Benefits of a Thorough Defense for Complex Cases:

Complex Evidence or Serious Allegations

Cases involving detailed investigations, multiple witnesses, or serious allegations require a comprehensive defense. This ensures all aspects of the case are examined and robust strategies are employed to protect the accused’s rights.

Long-Term Career and Personal Implications

Given the potential impact on military careers and personal lives, comprehensive legal defense helps address all possible outcomes and preserves future opportunities by carefully managing the case proceedings.

Advantages of a Detailed Defense Strategy for Article 120c Offenses

A comprehensive approach to defending Article 120c charges allows for thorough investigation, evidence review, and development of tailored legal strategies. This enhances the likelihood of achieving favorable results and minimizing negative consequences.

Such an approach also provides peace of mind for the accused, knowing that their case is being handled with full attention and care, respecting their rights throughout the military justice process.

Complete Case Evaluation

Comprehensive defense includes detailed examination of all evidence and legal factors. This helps identify weaknesses in the prosecution’s case and potential defenses that might not be apparent with a limited review.

Strategic Legal Planning

Developing a strategic plan that considers all possible outcomes and legal avenues ensures that the defense is proactive and adaptable, which can be critical in complex military legal matters.

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Pro Tips for Navigating Article 120c Charges

Know Your Rights Early

Understanding your rights under the UCMJ and the military justice system is essential from the moment allegations arise. Early consultation with a knowledgeable defense team can prevent missteps and safeguard your interests.

Maintain Confidentiality

Avoid discussing your case with others, especially on social media or with fellow service members. Confidentiality helps protect your defense strategy and prevents unintended complications.

Document Everything

Keep detailed records of all interactions, communications, and events related to the allegations. Thorough documentation can be invaluable in building a strong defense.

Why You Should Consider Dedicated Defense for Article 120c Charges

Facing charges under Article 120c can have significant repercussions on your military career and personal life. Dedicated defense ensures that you receive focused attention and tailored legal strategies to address the unique challenges of these allegations within the military justice system.

The complexity of military law and the seriousness of such charges mean that proper representation can make a critical difference in the outcome of your case, protecting your rights and future opportunities.

Typical Situations That Lead to Article 120c Defense Needs

Service members may face Article 120c charges in scenarios involving alleged improper sexual conduct that does not rise to assault but still violates military regulations. These can include inappropriate touching, sexual harassment, or other prohibited behaviors that trigger investigation and disciplinary action.

Allegations of Inappropriate Conduct

Incidents reported by other service members or witnessed by superiors can lead to accusations under Article 120c, requiring immediate legal attention to ensure fair treatment and due process.

Misunderstandings or False Accusations

Sometimes charges arise from misunderstandings or false claims, making a careful defense strategy vital to clarify facts and protect the accused’s reputation.

Conduct Occurring in High-Pressure Environments

The unique dynamics of military life and stress can sometimes contribute to behavior that leads to Article 120c allegations, underscoring the need for knowledgeable legal guidance.

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

We provide dedicated support to service members navigating the complexities of Article 120c charges. Our team is here to guide you through every step with respect and thorough attention to your case.

Why Service Members Trust Our Defense for Article 120c Cases

Our firm focuses exclusively on military defense law, offering personalized service designed to meet the unique legal challenges faced by those accused under the UCMJ. We understand the pressures of military life and work to protect your rights and future.
By choosing our team, you gain advocates committed to thorough case analysis, clear communication, and strategic defense planning tailored to your individual circumstances and goals.

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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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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 120c Defense

What types of behavior does Article 120c cover?

Article 120c encompasses a range of sexual misconduct behaviors that fall short of sexual assault but still violate military policies. These actions include inappropriate touching or other conduct deemed unacceptable under the UCMJ. Understanding the specific behaviors covered can help prepare a defense tailored to the charges. Charges under Article 120c are serious and can impact your military standing. It’s important to address the allegations promptly with professional legal guidance to ensure your rights are protected throughout the process.

Penalties for convictions under Article 120c vary depending on the severity of the misconduct and the circumstances of the case. Consequences can include reduction in rank, confinement, forfeiture of pay, or even discharge from service. Each case is evaluated individually by the military justice system. The potential repercussions highlight the importance of a comprehensive defense strategy. Early legal intervention can help mitigate penalties and work toward the best possible outcome given the facts of the case.

The military legal process for Article 120c charges typically begins with an investigation, which may lead to non-judicial punishment or a court-martial. The accused has rights throughout this process, including the right to counsel and to present a defense. Navigating this process requires familiarity with military procedures and rules of evidence. A knowledgeable defense team ensures that these rights are upheld and that the case is handled efficiently and fairly.

Whether you can continue your military career after an Article 120c charge depends on the case outcome and the nature of the offense. Some service members successfully maintain their careers with proper defense and resolution of charges. However, serious convictions can lead to separation or discharge. It’s important to seek legal support early to understand your options and protect your military future.

Effective defense strategies against other sexual misconduct charges involve thorough investigation, evidence review, and challenging the prosecution’s claims. This may include questioning witness credibility, presenting alternative interpretations of events, and ensuring procedural rights are respected. A tailored defense considers the specific circumstances and seeks to achieve the most favorable resolution, whether through negotiation or trial defense.

Legal assistance should be sought as soon as possible after an accusation under Article 120c. Early involvement allows for timely protection of rights, evidence preservation, and strategy development. Delaying legal counsel can result in missed opportunities to influence the case outcome and may negatively affect your defense options.

Article 120c charges are handled within the military justice system, which has different procedures and standards than civilian courts. The UCMJ governs these cases and provides specific rules for investigation, prosecution, and defense. Understanding these distinctions is vital for effective representation and ensuring that your case is addressed according to military law.

Witnesses can significantly impact Article 120c cases by providing testimony that supports or challenges allegations. Their statements form an important part of the evidence considered during proceedings. A defense team evaluates witness credibility and relevance carefully to build a strong case and address any inconsistencies or biases.

Charges under Article 120c can sometimes be reduced or dismissed based on evidence, procedural issues, or negotiations with the prosecution. Each case is unique, and outcomes depend on the facts and legal circumstances. Effective legal representation increases the likelihood of favorable resolutions by thoroughly examining all aspects of the case and advocating for appropriate outcomes.

Protecting your rights during an Article 120c investigation involves understanding your entitlements under the UCMJ, such as the right to counsel and the right to remain silent. Avoid self-incrimination and consult with a defense attorney before providing statements. Maintaining confidentiality and following legal guidance throughout the investigation helps ensure that your case is handled fairly and that your defense is not compromised.

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