What Are My Appeal Options After a Military Sexual Assault Conviction?
A conviction under Article 120 does not mean your case is over. Military sexual assault convictions are reviewed through a multi-layered appellate system designed to catch legal errors, unfair trials, unlawful command influence, and improper convictions. Understanding your appeal options is critical because many convictions are reversed, reduced, or set aside on appeal. This page explains how military appeals work after an Article 120 conviction and how Gonzalez & Waddington protects service members by preserving issues for appeal and pursuing post-trial relief aggressively.
Short Answer
After a military sexual assault conviction, you may have multiple appeal options depending on the sentence, the errors committed at trial, and the court-martial level. Appeals can result in reversal, dismissal, sentence reduction, or a new trial. However, appeal success depends heavily on what happened at trial and whether defense counsel preserved issues correctly. Gonzalez & Waddington approaches every Article 120 case with appeals in mind from the very beginning.
The Military Appellate Process Explained
Automatic Appeals for Serious Convictions
If you receive a qualifying sentence such as confinement or a punitive discharge, your case is automatically reviewed by a service Court of Criminal Appeals. This review is not optional and includes a review of legal errors, factual sufficiency, and sentence appropriateness. Unlike civilian appeals, military appellate courts can independently reassess facts and credibility.
Appeals Beyond the Service Courts
After the service Court of Criminal Appeals, cases may be reviewed by the Court of Appeals for the Armed Forces and potentially the United States Supreme Court. These higher courts focus on significant legal errors and constitutional issues, including due process violations and unlawful command influence.
Sentence Review and Clemency
Separate from judicial appeals, service members may seek sentence relief, clemency, or administrative remedies. These processes can reduce confinement, modify discharges, or provide other relief even if the conviction itself remains intact.
Common Grounds for Appealing Article 120 Convictions
Legal Errors at Trial
Improper jury instructions, incorrect application of consent law, admission of prejudicial evidence, or exclusion of defense evidence can all constitute reversible error. Article 120 cases frequently involve misstatements of the law that appellate courts take seriously.
Improper Use of Trauma or Expert Testimony
Many convictions rely on expert testimony that overstates trauma effects or excuses inconsistencies without scientific support. When experts exceed their scope or improperly bolster credibility, appellate courts may reverse convictions.
Unlawful Command Influence
Sexual assault cases are especially vulnerable to unlawful command influence. Statements by commanders, training materials, or policy pressure that suggest expected outcomes can taint a trial. Proven unlawful command influence is one of the strongest grounds for reversal.
Ineffective Assistance of Counsel
If trial counsel failed to investigate, cross-examine effectively, preserve issues, or advise properly on registration consequences, appellate courts may grant relief. These claims are complex and require careful post-trial development.
Factual Insufficiency
Military appellate courts can independently weigh evidence and determine whether the conviction is factually sufficient. In cases built on inconsistent testimony or weak evidence, courts have set aside convictions even when panels convicted at trial.
Aggressive Military Defense Lawyers: Gonzalez & Waddington
Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against 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 civilian military counsel can make the difference.
Why Appeals Must Be Planned Before Trial Ends
Preserving Errors Is Critical
Many appellate issues are lost forever if trial counsel does not object properly or create a clear record. Gonzalez & Waddington litigates cases with appellate preservation in mind, ensuring that errors are documented and preserved for review.
Strategic Decisions Affect Appeal Rights
Choices made during trial such as whether to testify, what experts to call, or how evidence is introduced can affect appellate options. Defense counsel must understand how trial strategy impacts post-trial review.
Registration and Collateral Consequences Must Be Addressed Early
Appellate courts increasingly examine whether trial counsel properly advised clients about sex offender registration and collateral consequences. Failure to do so can support appellate relief.
How Gonzalez & Waddington Protects Clients on Appeal
Trial Strategy Built for Appellate Review
Our firm approaches Article 120 cases with the understanding that appeals may be necessary. We build a record that highlights government overreach, preserves objections, and documents investigative bias and legal errors.
Post-Trial Advocacy and Issue Development
After trial, we work with appellate counsel to identify and develop issues that maximize the chance of relief. This includes gathering affidavits, expert opinions, and post-trial evidence when required.
Challenging Unfair Sentences
Even when convictions are upheld, appellate courts can reduce sentences they find inappropriate or excessive. Our firm aggressively challenges disproportionate punishment in sexual assault cases.
Appeal Outcomes Compared
| Appeal Result | What It Means |
|---|---|
| Conviction reversed | Charges dismissed or new trial ordered |
| Sentence reduced | Confinement or discharge modified |
| Partial relief | Some charges set aside or findings amended |
| No relief | Conviction stands, but further review may be possible |
Frequently Asked Questions About Appealing Article 120 Convictions
Are Appeals Automatic?
Yes, for qualifying sentences. Lesser sentences may require specific action to initiate review.
How Long Do Appeals Take?
Military appeals often take one to three years depending on complexity and court backlog.
Can New Evidence Be Considered?
Sometimes. Appellate courts may consider post-trial evidence when claims such as ineffective assistance are raised.
Do Appeals Stop Registration?
Registration requirements may still apply during appeal depending on jurisdiction, which is why trial outcomes remain critical.
When Should I Talk to an Appellate Lawyer?
Immediately after trial. Early coordination preserves options and improves outcomes.
The Bottom Line: Appeals Are Not a Backup Plan, They Are Part of the Defense
Appeals are a vital safeguard against wrongful convictions in military sexual assault cases, but they only work when trial counsel has preserved issues and built a strong record. Gonzalez & Waddington defends Article 120 cases with appeals in mind from the start, ensuring that errors, bias, and overreach do not go unchallenged. If you are facing trial or have already been convicted, understanding and protecting your appeal rights is essential to protecting your future.
