Columbus GA Military Defense Lawyers
Stationed in Columbus, Georgia? Facing a court-martial, UCMJ action, Administrative Separation Board, or other Adverse Administrative Action? Call our experienced Columbus, GA, military defense lawyers at 1-800-921-8607 for a free consultation.
Elite 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)
Military Defense Lawyers for Columbus, GA
Military service is a noble calling that demands discipline, sacrifice, and unwavering dedication. However, even the most honorable soldiers face unexpected challenges under the Uniform Code of Military Justice (UCMJ). If you or someone you know is stationed in Columbus, GA, and is facing court-martial charges, the situation can feel overwhelming and isolating.
The stakes are incredibly high in military court. Your career, reputation, and freedom could be on the line. That’s why it’s imperative to seek the immediate guidance of Columbus GA military defense lawyers who specialize in military law and understand the unique nuances of the UCMJ.
This comprehensive guide is designed to be your ultimate resource for understanding military law, the court-martial process, and how experienced Columbus GA military defense lawyers can protect your rights and fight for your future. We’ll delve into the history of the military in Columbus, GA, explore essential articles of the UCMJ, like Article 120 (sexual assault), and provide you with the knowledge you need to navigate this complex legal terrain.
Whether you’re facing charges related to misconduct, dereliction of duty, or any other violation of the UCMJ, remember that you are not alone. Columbus GA military defense lawyers stand ready to provide the aggressive representation and compassionate support you need during this challenging time.
Understanding Military Law and the UCMJ
Military law is a distinct and complex legal system with a rich history and far-reaching implications, as applied to those serving in Columbus, GA.
The History of Military Presence in Columbus GA: Columbus, GA, boasts a significant military legacy, primarily due to the presence of Fort Benning, one of the largest Army installations in the United States. Established in 1918, Fort Benning has played a vital role in training generations of soldiers and shaping the military landscape in the region. The base’s prominence has naturally led to a significant population of active-duty personnel and veterans, making Columbus a central hub for military legal matters.
The Uniform Code of Military Justice (UCMJ): The bedrock of military law is the Uniform Code of Military Justice (UCMJ). Enacted by Congress in 1950, the UCMJ serves as a comprehensive legal framework governing the conduct of military personnel. Unlike civilian law, which varies from state to state, the UCMJ applies uniformly to all military branches, regardless of where they are stationed. This ensures consistency and discipline within the armed forces.
Key Articles of the UCMJ: The UCMJ comprises numerous articles that address a wide range of offenses, from minor infractions to serious crimes. Some of the most critical articles include:
- Article 120: This article deals with sexual assault and related offenses, carrying severe penalties upon conviction.
- Article 86: This article addresses the offense of Absence Without Leave (AWOL), a common concern in military law.
- Article 92: This article deals with the failure to obey orders or regulations, a fundamental breach of military discipline.
- Article 134: The General Article, encompassing a wide variety of offenses that prejudice good order and discipline or discredit the armed forces.
Jurisdiction and Authority: Understanding who is subject to the UCMJ’s jurisdiction is crucial. Generally, active-duty military personnel, reservists on active duty, cadets and midshipmen at service academies, and certain civilians accompanying the armed forces overseas are subject to the UCMJ. However, specific circumstances can influence jurisdiction, and it’s essential to consult with Columbus GA military defense lawyers to clarify any questions regarding your case.
By understanding the military’s historical context in Columbus, GA, the foundational principles of the UCMJ, and the key articles that often come into play, you can better grasp the legal challenges you may face and the importance of seeking expert legal counsel. Remember, Columbus GA military defense lawyers possess specialized knowledge of military law and the local legal landscape, making them your strongest allies in navigating the complexities of the UCMJ.
The Court-Martial Process: Your Rights and What to Expect
Understanding the legal process is crucial for building a strong defense if you’re facing court-martial charges in Columbus, GA. Here’s a breakdown of the court-martial process, from investigation to potential appeal:
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Types of Courts-Martial:
- Summary Court-Martial: This is the least severe type for minor offenses. It involves a single commissioned officer acting as judge and jury.
- Special Court-Martial: This is for intermediate-level offenses. It involves a military judge and a panel of service members, with potential penalties ranging from confinement to bad-conduct discharge.
- General Court-Martial: This is the most serious type of court-martial, reserved for major offenses. It involves a military judge, a panel, and the potential for the most severe punishments, including life imprisonment or the death penalty.
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The Investigation Process:
- Unlike civilian investigations, military investigations are often conducted by military law enforcement or your chain of command. This can lead to unique challenges and potential conflicts of interest. To protect your rights, it’s essential to have a Columbus GA military defense lawyer involved early in the process.
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Pre-Trial Procedures:
- Article 32 Hearing: This is a preliminary hearing similar to a grand jury proceeding. It determines whether there is enough evidence to warrant a court-martial.
- Motions Practice: Your defense lawyer can file motions to suppress evidence, dismiss charges, or change the trial’s location.
- Plea Negotiations: In some cases, your attorney may negotiate a plea deal with the prosecution to reduce charges or penalties.
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The Trial Itself:
- Jury (Panel): In special and general courts-martial, a panel of service members acts as the jury. Their size and composition can vary depending on the nature of the charges.
- Burden of Proof: The prosecution must prove your guilt beyond a reasonable doubt, a high standard that your defense lawyer will rigorously challenge.
- Rules of Evidence: Military courts have their own rules of evidence, which your defense lawyer must master to effectively present your case.
- Sentencing: If convicted, the military judge or panel determines the appropriate punishment based on the UCMJ and sentencing guidelines.
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Post-Trial Options:
- Appeals: You have the right to appeal a court-martial conviction. Your defense lawyer can help you navigate the complex appellate process.
- Clemency: You may seek clemency from the convening authority to reduce or change your sentence.
Key Takeaway: The court-martial process is intricate, with numerous opportunities for strategic legal intervention. Having a skilled Columbus GA military defense lawyer by your side is essential for navigating this process successfully and ensuring your rights are fully protected at every stage.
Defending Your Rights with Columbus GA Military Defense Lawyers: Your Shield in the Courtroom
Facing court-martial charges under the UCMJ is a daunting experience, with potential consequences that can reverberate throughout your military career and beyond. In Columbus, GA, the stakes are even higher due to the significant military presence and unique legal landscape. That’s why enlisting the expertise of a specialized Columbus GA military defense lawyer is not just a wise choice—it’s essential for protecting your rights, reputation, and future.
Why You Need a Columbus GA Military Defense Lawyer:
- Specialized Knowledge: Military defense lawyers understand the UCMJ, military court procedures, and the nuances of defending cases within the military justice system. They can identify potential weaknesses in the prosecution’s case and develop tailored defense strategies.
- Experience in Columbus GA: A local military defense lawyer will be familiar with the judges, prosecutors, and court personnel in Columbus GA. This local knowledge can be invaluable in building relationships and advocating effectively on your behalf.
- Understanding of Military Culture: Military defense lawyers understand the unique pressures and culture within the military. They can communicate effectively with military personnel, navigate chain of command issues, and tailor their approach to resonate with the military judge and panel.
- Negotiation Skills: Many cases are resolved through plea negotiations. An experienced military defense lawyer can skillfully negotiate with prosecutors to potentially reduce charges or secure a more favorable outcome.
- Aggressive Representation: Military defense lawyers are fearless advocates for their clients. They will aggressively challenge evidence, cross-examine witnesses, and fight for your rights at every stage of the court-martial process.
- Protecting Your Future: A conviction in a court-martial can have devastating consequences, including imprisonment, dishonorable discharge, loss of benefits, and damage to your reputation. A military defense lawyer can help mitigate these consequences and protect your future.
Common Defenses to UCMJ Charges:
While every case is unique, some common defense strategies employed by Columbus GA military defense lawyers include:
- Lack of Evidence: Challenging the sufficiency or admissibility of evidence presented by the prosecution.
- Unlawful Command Influence: Exposing improper pressure or interference by commanders that may have tainted the legal process.
- Mental Health Issues: Exploring psychological factors or trauma that may have contributed to the alleged offense.
- Self-Defense: Establishing that the actions were taken in self-defense or defense of others.
- Mistake of Fact: Arguing that the accused acted based on a reasonable misunderstanding of the circumstances.
- Constitutional Violations: Challenging illegal searches, seizures, or interrogations that violate the accused’s rights.
Building a Strong Defense:
The key to a successful defense lies in building a strong case. This involves:
- Thorough Investigation: Gathering evidence, interviewing witnesses, and analyzing the facts to comprehensively understand the case.
- Expert Testimony: Consulting with experts in forensic science, psychology, or other relevant fields to bolster your defense.
- Character Witnesses: Presenting testimony from colleagues, supervisors, or family members to attest to your good character and military service.
Remember, choosing the right Columbus GA military defense lawyer is a crucial decision. Seek an attorney with a proven track record of success in military courts and a commitment to fighting for service members’ rights like you. Your future may depend on it.
Article 120 UCMJ: Sexual Assault – Understanding the Charges and Defending Your Rights
Article 120 of the Uniform Code of Military Justice (UCMJ) addresses sexual assault, a grave offense with severe consequences for those convicted. Within the military community in Columbus, GA, and across the nation, understanding this article and the legal landscape surrounding it is crucial for both potential victims and those accused of such crimes.
Explanation of Article 120: Article 120 defines sexual assault as a range of non-consensual sexual acts, including rape, aggravated sexual contact, abusive sexual contact, and forcible sodomy. It also covers attempts to commit these offenses. The definition of consent under the UCMJ is specific and can vary based on circumstances, making legal counsel essential for interpretation.
Severity of Charges and Potential Consequences: The military takes sexual assault allegations extremely seriously. A conviction under Article 120 can lead to severe penalties, including:
- Imprisonment: Sentences can range from years to life, depending on the nature and severity of the offense.
- Dishonorable Discharge: This separation from service can have lifelong consequences for employment, benefits, and reputation.
- Sex Offender Registration: Convicted individuals may be required to register as sex offenders, further impacting their lives.
- Loss of Rank and Pay: A conviction can result in demotion and forfeiture of pay.
Defending Against Article 120 Charges: If you’re accused of sexual assault under Article 120, mounting a vigorous defense is paramount. Columbus GA military defense lawyers specializing in UCMJ cases will employ various strategies, including:
- Challenging Evidence: Scrutinizing the physical evidence, forensic reports, and witness statements for inconsistencies or weaknesses.
- Scrutinizing Witness Credibility: Examining the credibility of the accuser and any witnesses, looking for biases, inconsistencies, or motives to fabricate allegations.
- Exploring Consent: Analyzing the circumstances surrounding the alleged incident to determine whether consent was freely given, especially in cases involving alcohol or other factors.
- Raising Procedural Issues: Identifying any violations of your rights during the investigation or legal process that could lead to evidence being suppressed or charges dismissed.
Resources for Survivors: It’s important to acknowledge the impact of sexual assault on survivors. Several organizations offer support and resources for those who have experienced sexual assault in the military, including the Department of Defense Safe Helpline, the Rape, Abuse & Incest National Network (RAINN), and various military-specific support groups.
Key Takeaway: Article 120 UCMJ carries immense weight within the military justice system. Whether you’re a survivor seeking justice or an accused individual fighting to protect your rights, having the guidance of a knowledgeable Columbus GA military defense lawyer is crucial. They will navigate the complexities of Article 120, build a strong defense strategy, and advocate for the best possible outcome in your case.
The Military Legacy of Columbus, GA: From Fort Benning to Fort Moore
Columbus, Georgia, and its surrounding areas have a long and storied history intertwined with the U.S. military. The city’s connection to military affairs began long before the establishment of Fort Benning (now Fort Moore), but the base’s presence undeniably shaped Columbus’s identity as a major military hub.
Pre-Fort Benning Military History:
- Civil War Significance: Columbus played a significant role as a major industrial center and transportation hub for the Confederacy during the Civil War. The city produced munitions, textiles, and other essential supplies for the war effort.
- Muscogee Nation: The land on which Columbus now stands was originally home to the Muscogee (Creek) Nation. The forced removal of the Muscogee people through the Trail of Tears is a dark chapter in the region’s history.
- Spanish-American War: Camp Colby, a temporary military camp, was established near Columbus during the Spanish-American War to train soldiers. This marked the beginning of the area’s association with military training.
Fort Benning/Fort Moore: A Century of Military Excellence:
- World War I: In 1918, the U.S. Army established Camp Benning (later renamed Fort Benning) to train infantry soldiers for World War I. The base quickly became a major training center for the Army and a vital component of the nation’s war effort.
- World War II and Beyond: Fort Benning continued to expand and evolve throughout World War II and the Cold War, training generations of soldiers for various conflicts and peacekeeping missions worldwide. It became known as the “Home of the Infantry” and a center for innovation in military tactics and technology.
- Renaming to Fort Moore: In May 2023, Fort Benning was officially renamed Fort Moore in honor of Lieutenant General Hal Moore and his wife, Julia Moore. This decision aimed to honor their exceptional military service and leadership while distancing the base from its previous namesake, Confederate General Henry L. Benning.
Impact on Columbus, GA: Fort Benning/Fort Moore has profoundly impacted Columbus’s economic, social, and cultural landscape.
- Economic Engine: The base is a major regional employer, contributing billions of dollars to the local economy annually.
- Diverse Community: The military presence has created a diverse community, bringing together people from all walks of life and different parts of the country.
- Cultural Influence: Fort Benning/Fort Moore has shaped local traditions, events, and institutions, contributing to Columbus’s unique character.
Fort Moore and the UCMJ: Given the large number of military personnel stationed at Fort Moore, the Uniform Code of Military Justice (UCMJ) plays a significant role in Columbus, GA’s legal landscape. Many military law cases originate from incidents or allegations on or near the base.
Understanding Fort Moore’s historical context, its impact on Columbus, and its connection to the UCMJ is essential for anyone facing military legal issues in the area. Columbus, GA, military defense lawyers possess a deep understanding of this unique legal environment and can provide the expert guidance you need to navigate the complexities of the UCMJ.
Hiring Columbus Military Defense Lawyers: Your Future Starts with the Right Defense
Navigating the complexities of military law and the UCMJ can be daunting, especially when your career, reputation, and freedom hang in the balance. Whether you’re stationed at Fort Moore or elsewhere in Columbus, GA, the choices you make today can profoundly impact your future.
Remember, a court-martial conviction can lead to severe consequences, including imprisonment, dishonorable discharge, and a tarnished reputation that can follow you for years. Don’t face these challenges alone.
The dedicated Columbus GA military defense lawyers at [Your Law Firm Name] possess the experience, knowledge, and unwavering commitment to defend your rights. We understand the unique challenges military personnel face and the intricacies of military law.
If you or someone you know is facing court-martial charges in Columbus, GA, time is of the essence. Contact [Your Law Firm Name] today for a confidential consultation. Our team of skilled attorneys will listen to your story, assess your case, and develop a personalized defense strategy tailored to your needs. We will fight tirelessly to protect your rights, reputation, and future.
Your service to our country deserves the best defense possible. Let Gonzalez & Waddington be your courtroom shield and advocate for justice.
Quotes and Statistics on Military Justice
Military justice is critical to maintaining discipline and order within the armed forces. The Uniform Code of Military Justice (UCMJ), the Manual for Courts-Martial (MCM), and Army regulations provide the legal framework for addressing misconduct and ensuring justice is served. This article delves into the intricacies of military justice, drawing on authoritative sources and relevant statistics to provide a comprehensive understanding.
The Uniform Code of Military Justice (UCMJ)
The UCMJ is the foundation of military law in the United States, applying to all branches of the armed forces. It outlines the legal standards and procedures for addressing violations and administering justice. As stated in the UCMJ:
“The purpose of military law is to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States.”
Source: UCMJ, 10 U.S.C. § 801
The UCMJ encompasses many offenses, from minor infractions to serious felonies. It provides the legal structure necessary to maintain discipline and ensure justice. For example:
“Any person subject to this chapter who commits an act of insubordination or dereliction of duty shall be punished as a court-martial may direct.”
Source: UCMJ, 10 U.S.C. § 892
The UCMJ also provides specific articles addressing various forms of misconduct. For instance, Article 120 deals with sexual assault:
“Any person subject to this chapter who commits a sexual act upon another person by threatening or placing that other person in fear, or by causing bodily harm to that other person, shall be punished as a court-martial may direct.”
Source: UCMJ, 10 U.S.C. § 920
The Manual for Courts-Martial (MCM)
The MCM provides detailed procedures for conducting court-martial trials and other military judicial proceedings. It is an essential resource for military lawyers, commanders, and service members. The MCM emphasizes the importance of fairness and due process:
“The Manual for Courts-Martial is designed to provide a comprehensive guide for the conduct of courts-martial, including procedures for handling pretrial, trial, and post-trial matters.”
Source: Manual for Courts-Martial, United States (2020 Edition)
The MCM outlines the accused’s rights, ensuring they receive a fair trial. It also provides guidelines for the conduct of military judges and prosecutors, emphasizing the importance of impartiality and justice. According to the MCM:
“Military judges must maintain the highest standards of impartiality, ensuring that the rights of both the prosecution and the defense are upheld.”
Source: Manual for Courts-Martial, United States (2020 Edition)
Army Regulations
The Army has its regulations that work with the UCMJ and the MCM to ensure discipline and order. Army regulations address various issues, including conduct, discipline, and administrative procedures. For example:
“Army regulations provide the framework for maintaining discipline, ensuring that all personnel adhere to the highest standards of conduct.”
Source: Army Regulation 600-20, Army Command Policy
These regulations are designed to promote good order and discipline within the Army. They are regularly updated to address new challenges and ensure that the Army remains an effective and disciplined force. As stated in Army Regulation 27-10:
“The primary purpose of military justice is to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States.”
Source: Army Regulation 27-10, Military Justice
Statistics on Military Law, Sexual Assault, and Sexual Harassment
Military law encompasses various aspects, including addressing sexual misconduct within the ranks. According to recent statistics:
- In 2020, the Department of Defense reported a total of 6,290 cases of sexual assault involving service members as victims, highlighting the ongoing challenge of addressing sexual misconduct in the military.
- Approximately 21% of women and 4% of men in the military reported experiencing sexual harassment in the past year, according to a 2018 DoD survey.
- The conviction rate for sexual assault cases in the military remains low, with only 7% of cases resulting in a conviction in 2019.
Source: Department of Defense Sexual Assault Prevention and Response Annual Report (2020)
These statistics underscore the importance of robust military justice systems and the continuous efforts needed to ensure a safe and respectful environment for all service members. The UCMJ Article 120 specifically addresses sexual assault:
“Any person subject to this chapter who commits a sexual act upon another person by threatening or placing that other person in fear, or by causing bodily harm to that other person, shall be punished as a court-martial may direct.”
Source: UCMJ, 10 U.S.C. § 920
Additionally, Article 120c addresses other sexual misconduct offenses:
“Indecent viewing, visual recording, or broadcasting: Any person subject to this chapter who knowingly and wrongfully views, records, or broadcasts the private area of another person without that person’s consent shall be punished as a court-martial may direct.”
Source: UCMJ, 10 U.S.C. § 920c
The Army has made efforts to address sexual misconduct, yet challenges remain. A report by the Army SHARP program revealed that:
“In FY2020, the Army received 6,288 reports of sexual harassment, reflecting a need for continued focus on prevention and response efforts.”
Source: Army Sexual Harassment/Assault Response and Prevention (SHARP) Program
Fictional UCMJ cases a military defense lawyer in Columbus GA might face:
1. Article 86 – Absence Without Leave (AWOL)
- Fact Pattern: A soldier stationed at Fort Moore misses the bus from Columbus GA back to post after a weekend pass, then panics and stays with a friend in Phenix City, AL, for several days instead of reporting.
- Columbus GA Military Defense Lawyers’ Strategies: Argue for a mistake of fact (soldier genuinely believed they were authorized to be in Phenix City), highlight the soldier’s lack of intent to remain away permanently, and emphasize any mitigating circumstances like a family emergency.
2. Article 92 – Failure to Obey Order or Regulation
- Fact Pattern: A Fort Moore soldier assigned to a unit deployed to the National Infantry Museum for a public demonstration violates a direct order to remain in formation during the event.
- Columbus GA Military Defense Lawyers’ Strategies: Challenge the lawfulness of the order, argue that the soldier misunderstood the order, or claim that the soldier’s actions were necessary due to an emergency or unforeseen circumstance.
3. Article 112a – Wrongful Use, Possession, etc., of Controlled Substances
- Fact Pattern: A soldier is caught with a small amount of marijuana while off-post at a concert in Uptown Columbus.
- Columbus GA Military Defense Lawyers’ Strategies: Challenge the legality of the search, raise the defense of innocent ingestion (unknowingly consuming a substance), or argue for a lesser charge like wrongful use if the soldier is willing to complete a rehabilitation program.
4. Article 120 – Sexual Assault
- Fact Pattern: An allegation of sexual assault arises between two soldiers following a night out at a bar in downtown Columbus GA.
- Columbus GA Military Defense Lawyers’ Strategies: Vigorously challenge the credibility of the accuser, highlight inconsistencies in the accuser’s statement, and argue for a thorough investigation into the surrounding circumstances.
5. Article 121 – Larceny and Wrongful Appropriation
- Fact Pattern: A soldier is accused of stealing a fellow soldier’s government-issued gear from their shared barracks room at Fort Moore.
- Columbus GA Military Defense Lawyers’ Strategies: Challenge the sufficiency of the evidence, argue for a mistake of fact (the soldier mistakenly believed the gear was theirs), or raise the defense of duress (the soldier was forced to take the gear).
6. Article 128 – Assault
- Fact Pattern: A fight breaks out between two soldiers at a Columbus GA bar, resulting in one soldier being hospitalized.
- Columbus GA Military Defense Lawyers’ Strategies: Argue for self-defense or defense of others, challenge the credibility of witnesses, and emphasize any mitigating factors such as provocation or the accused’s lack of prior disciplinary history.
7. Article 134 – General Article
- Fact Pattern: A soldier posts derogatory comments about a superior officer on social media while off-duty in Columbus GA.
- Columbus GA Military Defense Lawyers’ Strategies: Argue that the soldier’s comments are protected speech under the First Amendment, challenge the government’s ability to prove that the comments prejudiced good order and discipline, or raise the defense of mistake of fact (the soldier did not realize the comments were about a superior officer).
8. Article 107 – False Official Statements
- Fact Pattern: A soldier lies to military police during an investigation into a vehicle accident on Fort Moore.
- Columbus GA Military Defense Lawyers’ Strategies: Argue that the soldier’s statement was immaterial to the investigation, raise the defense of mistake of fact (the soldier genuinely believed their statement to be true), or challenge the statement’s voluntariness.
9. Article 108 – Military Property of the United States – Loss, Damage, Destruction, or Wrongful Disposition
- Fact Pattern: A soldier accidentally crashes a government vehicle while on duty in Columbus GA.
- Columbus GA Military Defense Lawyers’ Strategies: Argue that the accident was unavoidable and that the soldier exercised due care, challenge the government’s assessment of the damage, or seek to mitigate the punishment by demonstrating the soldier’s remorse and willingness to restitution.
10. Article 133 – Conduct Unbecoming an Officer
- Fact Pattern: A Fort Moore officer is accused of having an inappropriate relationship with an enlisted soldier.
- Columbus GA Military Defense Lawyers’ Strategies: Challenge the lawfulness of the regulation prohibiting such relationships, argue that the relationship did not prejudice good order and discipline, or raise the defense of selective prosecution.
Please note: This information is for educational purposes only and should not be taken as legal advice. If you are facing a UCMJ charge, it’s crucial to consult with an experienced Columbus GA military defense lawyer as soon as possible.
Aggressive Columbus GA Military Defense Lawyers
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Columbus GA Military Defense Lawyers
The aggressive Columbus GA Military Defense Lawyers at Gonzalez & Waddington have earned a reputation for defending service members worldwide at Army, Navy, Marine Corps, Navy, and Coast Guard installations. If you are stationed in Columbus, GA, and are under investigation for a military crime, having the most experienced military attorney can be the difference between having your rights trampled and winning your case or saving your career.
Our criminal defense attorneys defend false accusations of rape, child abuse, and sexual assault under Article 120 UCMJ, 120b UCMJ, and 120c UCMJ.
Columbus GA Court Martial Lawyers
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