Violent Crime Lawyer: Article 128 Offenses
Are you facing charges filed under UCMJ Article 128, 118 or 119?
The penalties imposed upon a member of the Armed Forces who is convicted of a crime under UCMJ Article 128 can be significant. These violent crimes include assault, aggravated assault, and aggravated assault with a deadly weapon. If you are facing court martial for assault, the penalties imposed could include up to 3 months confinement as well as 3 months of forfeiture of military pay. Heavier penalties will be imposed for more cases involving the use of a weapon or cases in which it is alleged that you inflicted serious bodily harm upon another. In these cases, the penalties could include a dishonorable discharge as well as 10 years of incarceration.
You could be facing charges both in military court and civilian court, based upon the facts in your case. The legal situation is very serious if you are facing a court martial for an Article 128 offense, and there are severe consequences if you are not successfully defended by a highly qualified military criminal defense attorney. You may have been responding to a physical attack by the other party, but unfortunately, the person left standing in an altercation is the one most likely to be accused of assault. At our firm, The Bilecki Law Group, LLLC we serve as defense counsel for military members who are facing charges under Article 128, and we represent clients worldwide.
When your honor and your rank, as well as your pay and freedom are at risk, it could not be more important to have a defense case that has been carefully researched. Initially, a full investigation into the facts is our standard process in defending violent crime accusations. Every detail of the case will be reviewed and evaluated, including visiting the scene where the assault allegedly took place, as well as engaging in an in-depth interviews with witnesses present at the time, and an investigation into every element of the case.
A Background in Military Justice: Your Defense Lawyer
As a former member of the JAG Corps, and recognized as a top defender for members of the military facing charges, there is much that can be said about our firm's founder, Timothy Bilecki, and his experience, knowledge of the military justice system, and his track record of success. For information, you can read about the last 100 cases.
Charges of Murder: Article 118
In cases of a violation of Article 118, Charges of premeditated murder, or case in which a death came about through the act by the accused, or when the act is the result of an intent to kill or to inflict great bodily harm upon another human being, are filed under Article 118 of the UCMJ. Cases in which it is alleged that a service member was participating in a burglary, sodomy, rape, rape of a child, aggravated sexual assault, robbery, arson or other crime in which the accused was manifesting a reckless indifference for human life, and death was the outcome are also likely to be filed as murder. In certain cases of murder, it must be established that the accused individual knew that death or great bodily harm could be the outcome of an act that was inherently dangerous.
Manslaughter Charges: Article 119
Voluntary manslaughter charges are filed against a member of the military when it is alleged that certain factors were present in the death of another individual. These facts include that the killing was unlawful, and that there was intent to kill or inflict great bodily harm. The difference between murder and voluntary manslaughter lies in that in voluntary manslaughter, the act was committed in the heat of passion, whether from fear or rage. In order for a murder charge to be reduced to manslaughter, it must be fully established that the provocation experienced by the alleged killer was of an extreme nature, and could excite uncontrollable passion in another reasonable person, and that the act that resulted in death was committed under this passion, and due to this passion.
The quality of your defender could not be more important if you are accused of any of these violent crimes, or others listed under Article 128, 118 or 119 of the UCMJ. Contact our firm immediately for assistance, as the consequences of a conviction will be life-changing. Call now for immediate assistance, no matter where you are stationed or facing court martial.