Marine Corps Air Station New River Article 120 Sexual Assault Court-Martial Lawyers
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Article 120 of the Uniform Code of Military Justice defines multiple categories of prohibited sexual misconduct, including sexual assault and abusive sexual contact. Sexual assault involves causing another person to engage in a sexual act through force, threat, or when the individual is incapable of consenting, while abusive sexual contact covers intentional, non-consensual sexual touching that does not rise to the level of a completed sexual act.
Allegations under Article 120 expose a service member at Marine Corps Air Station New River to felony-level prosecution at a general court-martial. These offenses carry the possibility of severe punitive measures because they are classified as serious criminal conduct under military law.
Prosecution of Article 120 offenses on the installation is controlled by the command structure, meaning commanders determine how cases proceed within the military justice system. Command authorities influence decisions such as initiating investigations, preferring charges, and forwarding cases for court-martial.
Unlike civilian jurisdictions, where independent prosecutors decide whether to file charges, the military justice system operates within a hierarchical framework that integrates discipline, readiness, and good order. This command-driven process distinguishes Article 120 enforcement at Marine Corps Air Station New River from state or federal civilian criminal systems.
Article 120 allegations at Marine Corps Air Station New River involve felony‑level sexual assault charges that can escalate quickly in the military justice system. Cases often turn on NCIS investigations, expert evidence, and parallel administrative separation actions. Gonzalez & Waddington provide legal representation; call 1-800-921-8607.
Watch the criminal defense lawyers at Gonzalez & Waddington break down how they defend criminal cases and service members worldwide against Federal Charges, Florida State Charges, UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced criminal defense lawyers can make the difference.
Marine Corps Air Station New River operates under a strict zero‑tolerance culture regarding misconduct, and mandatory reporting obligations require leaders, supervisors, and military law enforcement to elevate any allegation immediately. This framework means even preliminary information is routed quickly through official channels, increasing the speed at which cases gain command attention.
Commanders at the installation also use robust risk‑management practices to protect personnel, maintain unit readiness, and ensure mission continuity. Once an allegation is reported, leadership visibility increases rapidly, resulting in swift procedural steps such as notifications, safety measures, and coordination with legal authorities.
Service members may also experience fast‑moving administrative processes that run parallel to any criminal inquiry. Administrative separation actions, temporary duty restrictions, and other personnel measures can begin early, adding an additional layer of scrutiny even while fact‑finding is still underway.
If you or a loved one is facing criminal charges or a criminal investigation by federal authorities, the military, or the State of Florida, early defense matters. Gonzalez & Waddington provide disciplined, trial-focused criminal defense for high-stakes cases involving serious allegations and complex evidence. To speak with experienced criminal defense lawyers and get confidential guidance, call 1-800-921-8607 or text 954-909-7407 to request a no-cost, confidential consultation.
Many cases involve situations where alcohol consumption contributes to confusion, memory gaps, or differing recollections among the individuals involved. These scenarios often center on how much each person drank, what they remember, and how their perceptions may have changed over the course of an evening.
Digital interactions also play a significant role, with dating apps, text messages, and social media communications frequently forming part of the timeline. These exchanges can influence expectations, misunderstandings, or assumptions that later become relevant during an investigation.
Incidents may arise within close‑knit unit or barracks environments, where personal relationships, roommate dynamics, or ongoing disputes can prompt third‑party reporting. Sometimes relationship tensions, breakups, or conflicts unrelated to the alleged incident contribute to how events are interpreted or brought to command attention.
Article 120 investigations at Marine Corps Air Station New River involve coordinated efforts by military law enforcement and investigative agencies to gather information related to alleged offenses. These inquiries follow standardized procedures designed to document facts, preserve evidence, and establish a comprehensive record of the events in question.
Throughout the process, investigators may collect physical, digital, testimonial, and medical materials. The resulting evidence is compiled to form a detailed picture of the incident, outlining the actions taken, observations made, and information gathered during the inquiry.
MRE 412 restricts the introduction of evidence concerning an alleged victim’s sexual behavior or predisposition, making it one of the most consequential rules in Article 120 cases because parties must litigate whether any proposed evidence falls within narrow exceptions.
MRE 413 and 414 permit the government to introduce evidence of an accused’s prior sexual-offense conduct or child molestation allegations for propensity purposes, creating a powerful counterbalance to the limitations imposed by MRE 412.
The motions practice surrounding these rules shapes the structure of an Article 120 trial, as counsel must address timing, notice requirements, and the factual basis for admitting or excluding material that directly influences how the case is presented to the factfinder.
Evidentiary rulings under MRE 412, 413, and 414 often define the boundaries of what the members or military judge will hear, meaning the litigation of these rules frequently becomes the focal point in determining how the narrative of the case is constructed at MCAS New River.
Article 120 cases at MCAS New River often hinge on the interpretation of technical evidence and the credibility of both the accuser and the accused. Expert witnesses can play a critical role in clarifying complex scientific or psychological issues, helping fact‑finders understand whether the evidence supports or contradicts the allegations.
Defense teams frequently scrutinize how evidence was collected, documented, and presented, while prosecutors may rely on subject‑matter specialists to reinforce their theories. The following types of expert involvement commonly shape the trajectory of these investigations and court‑martial proceedings.
Service members at Marine Corps Air Station New River can face administrative separation based solely on Article 120 allegations, even when no court‑martial conviction occurs. Commanders may initiate separation processing when they determine that alleged misconduct raises concerns about a Marine’s suitability for continued service.
These cases often move to a Board of Inquiry or show‑cause proceeding, where a panel reviews the evidence and makes a recommendation on whether the Marine should be retained or separated. The standard of proof is lower than at a court‑martial, which means allegations alone can drive the administrative process.
The characterization of discharge recommended by the board—honorable, general under honorable conditions, or other than honorable—can significantly affect a Marine’s future opportunities. This characterization becomes part of the permanent service record and may influence access to benefits and employment prospects.
Adverse separation actions can disrupt a career path, hinder promotion potential, and jeopardize years of service accumulated toward retirement eligibility. For long‑serving Marines, the loss of retirement benefits and career standing can be one of the most serious consequences of an administrative separation tied to Article 120 allegations.
At Marine Corps Air Station New River, Article 120 cases often occur alongside broader sex crimes investigations, which may involve NCIS, command authorities, and specialized investigators. These parallel inquiries can shape the evidence available in an Article 120 prosecution and influence how the command manages the accused service member during the investigative phase.
Command-directed investigations may also run concurrently with a criminal inquiry, allowing commanders to gather administrative facts even while law enforcement pursues potential criminal charges. Although these command inquiries cannot be used to compel self-incrimination, their findings frequently affect a Marine’s duty status, potential administrative actions, and overall case trajectory.
If allegations under Article 120 are substantiated, Marines at MCAS New River may face additional administrative consequences such as Letters of Reprimand or, in more serious cases, Boards of Inquiry. These administrative processes can proceed independently of the criminal justice system, meaning a Marine can be cleared criminally yet still face separation or career-impacting administrative measures.
The firm is frequently retained in Article 120 cases at Marine Corps Air Station New River because its attorneys bring decades of military justice experience to each stage of litigation. Their work includes developing tailored trial strategies, filing targeted motions, and anticipating how government evidence will be presented and challenged within the military courts system.
The team is known for its detailed approach to cross‑examination, including the impeachment of expert witnesses when forensic, psychological, or digital evidence is central to the government’s case. Their understanding of investigative procedures and evidentiary rules allows them to scrutinize the reliability and methodology behind the prosecution’s expert testimony.
In addition to active courtroom work, the attorneys have written and taught on trial advocacy, contributing published material that is used by practitioners and students of military justice. This background supports a structured, research-based approach to defending Article 120 allegations arising at MCAS New River.
Article 120 of the UCMJ outlines criminal offenses involving sexual assault, abusive sexual contact, and related misconduct. It defines prohibited conduct and the elements investigators must examine during a case.
Consent under Article 120 is based on whether a person freely and voluntarily agreed to the conduct. Investigators look at words, actions, and surrounding circumstances to understand each person’s ability to consent.
Alcohol may be examined to determine whether it impaired someone’s ability to make decisions or understand events. Investigators often review witness statements, timelines, and behaviors to assess its relevance.
Digital evidence can include messages, photos, social media activity, or location data. Investigators typically gather and analyze this material to establish timelines and clarify interactions between the individuals involved.
Expert testimony may help explain technical or specialized topics, such as forensic evidence or memory processes. Such testimony is used to provide context that laypersons might not readily understand.
Service members may face administrative review separate from the criminal process. Commands can initiate administrative action based on conduct concerns or readiness considerations.
Investigations typically involve interviews, evidence collection, and coordination with military law enforcement. The process is designed to document facts and determine whether allegations meet legal thresholds.
Civilian attorneys may participate alongside assigned military defense counsel. They can communicate with investigators or review case materials through the established military legal procedures.
Marine Corps Air Station New River sits in southeastern North Carolina, just south of Jacksonville and adjacent to the broader Camp Lejeune complex. The installation is positioned along the tidal waterways of the New River, an environment marked by coastal plains, dense pine forests, and humid subtropical weather that supports year-round flight operations. Its proximity to the Atlantic coast gives the air station direct access to offshore training areas used for helicopter and tiltrotor operations. Surrounding communities such as Sneads Ferry, Holly Ridge, and Onslow County are closely tied to the base, with local businesses and schools accustomed to the distinct rhythms of an aviation-centered Marine Corps installation.
Marine Corps Air Station New River functions as the primary aviation hub for Marine Aircraft Group assets supporting II Marine Expeditionary Force. The station hosts rotary-wing and tiltrotor units that operate platforms such as attack, assault support, and MV-22 Osprey aircraft. Tenant commands focus on aviation readiness, maintenance, and deployment preparation. The air station’s mission is tightly connected to expeditionary operations, serving as a launch point for training cycles, joint exercises, and overseas deployments that require rapid and reliable aviation support.
The installation supports a substantial active-duty population composed of aviators, aircrew, maintainers, logisticians, and command personnel. Training and operational tempos are consistently high due to ongoing flight schedules, pre-deployment workups, and integration with ground forces stationed at nearby Camp Lejeune. Although not a basic training post, the base hosts a steady flow of transient personnel and rotational units preparing for global missions, making it a critical node in Marine Corps aviation operations along the East Coast.
The demanding flight environment and constant deployment cycle at Marine Corps Air Station New River create circumstances in which UCMJ actions, administrative investigations, non-judicial punishment, and courts-martial may arise. Aviation units face unique pressures involving safety, operational accountability, and command expectations, all of which influence how legal matters are addressed on the installation. Service members assigned to or passing through New River often require experienced legal representation, and the military defense lawyers at Gonzalez & Waddington represent servicemembers stationed at Marine Corps Air Station New River.
Expert witnesses can be used to explain memory, intoxication, perception, trauma, and investigative flaws.
You should not consent to a phone search without legal advice because digital evidence is frequently misinterpreted.
Failure to interview key witnesses can significantly weaken the government’s case and create defense leverage.
An accuser can recant and the case may still proceed if the command believes other evidence supports the allegation.
Article 120 investigations often take months and sometimes over a year, depending on complexity and command priorities.
