Gonzalez & Waddington – Attorneys at Law

Installations Served by Our Army Military Defense Lawyers

Serving in the United States Army? Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action? Call our experienced Army military defense lawyers at 1-800-921-8607 for a free consultation.

Aggressive Military Defense Lawyers

Our military defense lawyers are among the most experienced and hard-hitting in the world. With an unparalleled track record, we provide aggressive, strategic defense tailored to each client’s unique situation. Trust us to fight relentlessly for your rights and deliver the best possible outcome.” (Michael Waddington, Military Defense Lawyer)

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Our Military Defense Lawyers Defend Soldiers at the Following Army Installations:

Alabama Military Defense Lawyers

Alaska Military Defense Lawyers

Arizona Military Defense Lawyers

California Military Defense Lawyers

Colorado Military Defense Lawyers

District of Columbia Military Defense Lawyers

Georgia Military Defense Lawyers

Hawaii Military Defense Lawyers

Kansas Military Defense Lawyers

Kentucky Military Defense Lawyers

Louisiana Military Defense Lawyers

Maryland Military Defense Lawyers

Mississippi Military Defense Lawyers

Missouri Military Defense Lawyers

New Jersey Military Defense Lawyers

New Mexico Military Defense Lawyers

New York Military Defense Lawyers

North Carolina Military Defense Lawyers

Oklahoma Military Defense Lawyers

Pennsylvania Military Defense Lawyers

Puerto Rico Military Defense Lawyers

South Carolina Military Defense Lawyers

Texas Military Defense Lawyers

Virginia Military Defense Lawyers

Washington Military Defense Lawyers

Germany Military Defense Lawyers

Italy Military Defense Lawyers

South Korea Military Defense Lawyers

Japan Military Defense Lawyers

Kuwait Military Defense Lawyers

Army Military Defense Lawyers

The Uniform Code of Military Justice (UCMJ) serves as the foundational legal framework governing the conduct of military personnel in the United States Army and other branches of the armed forces. Enacted to maintain discipline, order, and justice within the military, the UCMJ covers many offenses and procedural rules for handling violations. Army UCMJ and military defense lawyers play a crucial role in this system, ensuring that service members receive fair trials and legal representation.

Overview of the UCMJ in the Army

The UCMJ was established by Congress in 1950, replacing earlier codes that varied between different military branches. It standardizes legal procedures and offenses across all branches, promoting uniformity and fairness. The UCMJ includes substantive laws defining criminal offenses and procedural laws outlining the steps for prosecuting and adjudicating these offenses. It applies to all active-duty military personnel, reservists, and, under certain circumstances, retired service members and civilians subject to military law.

Common UCMJ Court Martial Charges in the Army

Army Military Defense LawyersSeveral common charges under the UCMJ can lead to court-martial proceedings, each varying in severity and potential consequences. Army court martial attorneys and military defense lawyers are essential in navigating these charges and defending the accused.

Article 120 UCMJ: Sexual Assault in the Army

Sexual assault and rape are serious offenses under Article 120 of the UCMJ. These charges can encompass a range of behaviors, including non-consensual sexual acts, attempted assaults, and inappropriate contact. Convictions can result in severe penalties, including dishonorable discharge, confinement, and registration as a sex offender. Military defense lawyers work to challenge the evidence, establish consent, and ensure that the rights of the accused are protected.

Article 121 UCMJ: Larceny and Wrongful Appropriation in the Army

Article 121 UCMJ deals with theft-related offenses, including larceny and wrongful appropriation of military or personal property. Convictions can lead to confinement, reduced rank, and forfeiture of pay. Court martial attorneys often scrutinize the evidence of ownership, intent, and value of the property involved to build a defense.

Article 128 UCMJ: Assault in the Army 

Assault charges under Article 128 can range from simple assault to aggravated assault involving a weapon or resulting in severe injury. Penalties can vary widely based on the circumstances and severity of the assault. Military defense lawyers focus on self-defense claims, the credibility of witnesses, and the intent behind the actions.

Article 112a UCMJ: Wrongful Use, Possession, etc., of Controlled Substances in the Army

Drug-related offenses under Article 112a include the use, possession, distribution, or manufacture of controlled substances. Such charges can severely impact a service member’s career, leading to discharge and confinement. Court martial attorneys often challenge the procedures used in drug testing, chain of custody for evidence, and the intent behind possession or use.

Article 92 UCMJ: Failure to Obey Order or Regulation in the Army

Violations under Article 92 include the failure to obey lawful orders or regulations, dereliction of duty, and other acts of insubordination. These charges are crucial for maintaining military discipline and can result in significant penalties. Military defense lawyers aim to demonstrate compliance, miscommunication, or the unlawfulness of the order itself.

Article 134 UCMJ: General Article in the Army

Article 134 serves as a catch-all for offenses not specifically covered elsewhere in the UCMJ but which are prejudicial to good order and discipline or bring discredit upon the armed forces. This can include conduct such as adultery, disorderly conduct, and fraternization. Court martial attorneys use their expertise to argue what constitutes prejudicial conduct or discredit.

Role of Army Military Defense Lawyers and Court Martial Attorneys

Military defense lawyers and Army court-martial attorneys are critical in the military justice system, providing legal representation to service members facing UCMJ charges. These attorneys are well-versed in military law and procedures, ensuring that the rights of the accused are upheld throughout the investigative and judicial process. They conduct thorough investigations, gather evidence, interview witnesses, and develop defense strategies tailored to the specific circumstances of each case.

In Army court-martial proceedings, these lawyers challenge the prosecution’s evidence, cross-examine witnesses, and present exculpatory evidence. They also negotiate plea deals when appropriate and provide mitigation during sentencing to achieve the best possible outcome for their clients. The expertise and dedication of military defense lawyers are essential in maintaining the integrity of the military justice system and ensuring that service members receive fair and just treatment.

Gonzalez & Waddington is a law firm with extensive experience handling UCMJ cases. Their team of Miami, FL, military defense lawyers and court martial attorneys are committed to defending service members’ rights and achieving favorable outcomes in complex military legal matters. Whether facing charges under Article 120, Article 92, or any other UCMJ article, their expertise and dedication make them invaluable advocates for those who serve.

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