Defending Against Charges of Attempted Murder in the Military – Court Martial Attorneys
Understanding the Severity of Attempted Murder Allegations Under the UCMJ
Attempted murder is one of the most serious charges under the Uniform Code of Military Justice. Prosecuted under Article 80 (attempts) and Article 118 (murder), these cases involve allegations that a service member tried to kill another person—whether a fellow service member, civilian, intimate partner, or stranger. Because attempted murder does not require an actual death to occur, the government often brings the charge aggressively whenever they believe there was intent to cause fatal harm, even in chaotic, ambiguous, or misinterpreted situations.
Attempted murder cases frequently arise from violent altercations, domestic disputes, bar fights, escalated arguments, high-stress environments, vehicle incidents, alleged strangulation, or the use of weapons (knives, vehicles, firearms, blunt objects). Commands often overcharge cases to signal toughness or to pressure the accused into plea deals—turning a split-second decision into a career-ending felony.
Gonzalez & Waddington, Attorneys at Law defends service members worldwide accused of the most serious violent offenses, including attempted murder. Michael and Alexandra Gonzalez-Waddington are known for dismantling government narratives, challenging forensic evidence, and winning seemingly impossible cases involving high emotions, inconsistent witness accounts, and command-driven prosecutions.
What the Government Must Prove in an Attempted Murder Case
Attempted murder under the UCMJ requires prosecutors to prove two critical elements:
1. Specific Intent to Kill
The government must show that the accused intended to cause the victim’s death. Mere injury, anger, or aggressive behavior is not enough. They must prove intent beyond a reasonable doubt—one of the toughest burdens in criminal law.
2. A Substantial Step Toward Commission of the Crime
The alleged conduct must go beyond preparation. Examples the government often cites include:
- Pointing a loaded weapon at someone
- Stabbing or slashing motions with a knife
- Attempted strangulation or chokeholds
- Driving a vehicle toward someone
- Setting up an ambush or lying in wait
- Using deadly force with a weapon or object
However, these actions are frequently misinterpreted—especially in chaotic fights, self-defense scenarios, or alcohol-related incidents.
Why Attempted Murder Is Often Overcharged
Prosecutors may charge attempted murder to:
- Increase leverage for plea negotiations
- Make a political statement about “violence prevention”
- Respond to public scrutiny or command pressure
- Support a narrative that exaggerates the danger
- Influence confinement or pretrial decisions
In reality, many cases are more accurately self-defense, mutual combat, or at worst, aggravated assault—not attempted murder.
Common Scenarios Leading to Attempted Murder Charges
1. Domestic Violence Incidents
Arguments or physical struggles between partners frequently escalate into exaggerated claims involving strangulation, weapons, or “attempted killing.” These allegations often lack medical evidence or consistency.
2. Bar or Off-Duty Altercations
Alcohol-driven misunderstandings can turn into allegations that someone used deadly force or attempted to kill another person during a chaotic fight.
3. Vehicle Incidents
Reckless or negligent driving is sometimes misinterpreted as intentional attempts to run someone over.
4. Use of Weapons in Self-Defense
Even justified force involving knives, guns, or improvised objects may be mischaracterized as attempted murder.
5. Mental Health–Related Episodes
Commands often fail to appreciate the role of PTSD, depression, anxiety, or trauma in incidents involving perceived threats.
6. Third-Party Misinterpretation
Witnesses who saw only part of an incident may embellish or misunderstand what happened.
Immediate Steps to Take If Accused of Attempted Murder
1. Do NOT Speak to Investigators
CID, NCIS, and OSI will attempt to interview you immediately. Anything you say—whether accurate or not—will be used against you. Use your constitutional and UCMJ rights:
“I want a lawyer. I am invoking my right to remain silent.”
2. Avoid Talking to Anyone About the Case
Do not discuss the incident with friends, roommates, coworkers, or even family. They can all be subpoenaed as witnesses. Social media posts are especially dangerous.
3. Preserve All Evidence
This includes:
- Texts, messages, social media posts
- Video footage from phones, doorbell cameras, or security systems
- Medical records (for you and the alleged victim)
- Clothing worn during the incident
- Witness names and contact information
4. Document Everything Privately
Write down your recollection while it is fresh. Only show this to your attorney.
5. Retain Experienced Civilian Defense Counsel Early
Attempted murder cases require elite trial skill, forensic expertise, and aggressive strategic planning. Civilian attorneys like Michael and Alexandra Gonzalez-Waddington provide independent, powerful defense representation not limited by command influence or caseload pressures.
Key Defense Strategies for Attempted Murder Cases
1. Self-Defense
If you reasonably believed deadly force was necessary to prevent death or serious injury, your actions may be fully justified.
2. Lack of Intent to Kill
Intent is the core of attempted murder. We expose evidence showing:
- Your actions were defensive or reflexive
- You intended only to stop the threat, not kill
- You lacked the state of mind required for attempted murder
3. Medical and Forensic Challenges
Prosecutors often exaggerate injuries. We use experts to show:
- Injuries do not match the alleged conduct
- Forensic assumptions are flawed
- The alleged weapon was not actually deadly
- There was no evidence of intent to kill
4. Attack Witness Credibility
Witnesses may be biased, intoxicated, emotionally compromised, or influenced by group dynamics. Cross-examination reveals:
- Contradictions
- Motives to lie
- Misinterpretations
- Exaggeration or fabrication
5. Mental State Defense
Psychological conditions can negate specific intent or explain unusual behavior without criminal motive.
6. Show Mutual Combat or Provocation
Many attempted murder cases arise from fights where both parties were aggressive. The government often hides this fact.
7. Attack Investigative Failures
Investigators may have:
- Failed to preserve evidence
- Ignored exculpatory witnesses
- Used leading questions
- Focused only on the accuser’s narrative
- Misinterpreted digital or forensic evidence
Potential Penalties for Attempted Murder
Attempted murder is punishable by:
- Up to life imprisonment
- Dishonorable discharge
- Total forfeiture of pay and allowances
- Reduction to E-1
- Permanent VA and retirement losses
- Federal criminal record
Even acquittals often lead to administrative separation actions, which must also be fought aggressively.
Why Choose Gonzalez & Waddington
Attempted murder cases demand the highest level of legal skill. Our firm provides:
- World-class trial advocacy
- Elite cross-examination of forensic experts
- Digital and crime-scene reconstruction
- Aggressive motions practice
- Psychological and medical expert support
- Decades of UCMJ violent-crime defense experience
When your life and freedom are on the line, you need a defense team that knows how to fight—and win.
Contact Our Attempted Murder Defense Lawyers
If you are under investigation or facing attempted murder charges, the government is already building its case. You need a stronger one. Contact us immediately for the aggressive, strategic defense you deserve.
Attempted Murder in the Military – Frequently Asked Questions
Can I be convicted of attempted murder without actually injuring anyone?
Yes. Attempt crimes under Article 80 require only a substantial step toward committing the offense—not completion. However, lack of injury often strengthens defenses related to lack of intent or exaggeration of danger.
What if I acted in self-defense?
Self-defense is one of the strongest defenses in attempted murder cases. If you reasonably believed deadly force was necessary to prevent death or serious injury, your actions may be justified under the UCMJ.
Should I talk to investigators to explain my side?
No. Statements to CID, NCIS, or OSI almost always harm the defense. Even innocent explanations can be misinterpreted. Invoke your right to silence and request an attorney immediately.
Why hire Gonzalez & Waddington?
Attempted murder cases demand expert forensic analysis, elite cross-examination, narrative trial strategy, and extensive UCMJ experience. Michael & Alexandra Gonzalez-Waddington are internationally recognized for successfully defending the toughest violent-crime cases across all branches of the military.
Facing a charge of attempted murder in the military can be one of the most devastating and life-altering experiences for a service member. These high-stakes situations often unfold quickly and are influenced by a complex combination of stressful environments, rapid decisions, and the harsh realities of combat zones. Attempted Murder Defense becomes a lifeline for those accused, offering a path to truth and fairness in an often-unforgiving system. Understanding your rights, the legal process, and how to protect your future is crucial. Whether the incident occurred during deployment, training, or off-duty hours, the consequences are severe and long-lasting. In the military justice system, a mere allegation can derail careers, strain family relationships, and tarnish reputations. The road to defending against such charges requires highly specialized knowledge, strategic planning, and trusted legal representation. This article will help you understand the importance of an attempted murder defense, how the military justice system handles these cases, and how to take steps to protect your freedom, rank, and future.
Understanding the Basics of Attempted Murder Defense
Attempted murder in the military implies that a service member is accused of trying to intentionally kill another person, but the act was not completed. Unlike civilian courts, the military justice system applies the Uniform Code of Military Justice (UCMJ), which means even an attempt to commit a violent crime leads to serious charges. Attempted murder defense focuses on disproving intent, challenging the evidence, or establishing alternative explanations for what occurred.
For example, a soldier might be accused of attempting to shoot a fellow service member during a heated argument. If the alleged weapon misfired or intent to harm was never present, key elements of attempted murder may be missing. Another case might involve a training mishap in which a firearm discharged unexpectedly. In both scenarios, a strong defense would explore medical evaluations, eyewitness reports, and forensic evidence.
Successfully defending against these charges depends on the facts, timing, and legal strategy. It’s not just about what happened but about what can be proven and how that aligns with the laws that govern military conduct.
Why Preparing a Strong Attempted Murder Defense Is Essential
The outcome of an attempted murder case in the military can be life-changing. Convictions may lead to long-term imprisonment, dishonorable discharge, and the loss of military benefits. Beyond the legal penalties, one’s career, family life, and reputation are all at stake. This is why mounting a firm, well-researched defense is not optional—it’s necessary for survival in the military justice system.
Military prosecutors have extensive resources and are highly skilled at building compelling cases. Without a strategic defense that challenges the prosecution’s version of events, the accused could face the harshest possible consequences. The stakes are enormous, and errors or delays in preparing a solid defense can lead to irreversible damage.
- A service member is accused of plotting to harm a fellow soldier after a disagreement, leading to confinement and discharge.
- A training incident is misinterpreted as an intentional action, resulting in formal charges and career-ending repercussions.
- An altercation on deployment is framed as premeditated, costing the accused not only their freedom but also their military pension.
Steps You Should Know in a Military Attempted Murder Defense Case
- Step 1: Initial investigation occurs, typically led by the military’s Criminal Investigation Division (CID), where evidence such as witness statements and forensic reports is collected.
- Step 2: The command may decide to proceed with charges under the UCMJ, triggering an Article 32 hearing, which serves as a preliminary examination of the evidence.
- Step 3: If the case goes to a court-martial, both the prosecution and defense present their cases before a panel of military members or a military judge.
Important Strategies for Handling Attempted Murder Charges in Uniform
Common Questions About Military Attempted Murder Charges and Defenses
How Gonzalez & Waddington Helps Service Members Accused of Attempted Murder
Gonzalez & Waddington is a globally recognized law firm with deep knowledge of military law and a proven history of defending serious charges, including attempted murder. Led by founding attorneys who have served in the military themselves, they understand the unique stress and pressure service members face. Their strategic, aggressive approach is built on decades of court-martial experience across all branches of the military.
From the moment you retain Gonzalez & Waddington, they begin building a customized defense strategy aimed at exposing flaws in the prosecution’s case and reclaiming your freedom. The firm offers not only legal expertise but also peace of mind, helping you feel supported at every step. When your life, liberty, and legacy are on the line, having a team that knows how to win difficult cases makes all the difference.
Final Thoughts on Navigating Attempted Murder Allegations in the Military
