Charged With Aggravated Assault?
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Under Article 128 of the Uniform Code of Military Justice, the crime of aggravated assault carries a heavy penalty if convicted. Simple assault is the threat of violence or harm to another person and even that is punishable by up to three years of confinement. It is important to remember that the offense does not require the actual use of violence in order to be punishable by a court martial. Assault differs from battery in that it is simply the attempt to use force or violence against someone. That means that if someone is found guilty of threatening another person's life, especially if they do so with a dangerous weapon, they can face harsh punishment.
The Uniform Code of Military Justice categorizes aggravated assault as punishable by up to eight years in confinement after a dishonorable discharge and forfeiture of all pay. This is the maximum punishment for the aggravated assault with a loaded firearm. All other aggravated assault charges with a dangerous weapon are punishable by a dishonorable discharge, forfeiture of all pay and three years in confinement.
The military also considers any intentional infliction of grievous bodily harm as aggravated assault. For this charge, JAG will be required to prove that the defendant had the intent to inflict harm and that the harm was not merely a result of culpable negligence. When grievous bodily harm was intentionally inflicted with the use of a loaded firearm, the defendant could face up to ten years of confinement whereas all other cases will be punished by five years confinement in addition to the forfeiture of pay and a dishonorable discharge.
Aggressive Defense for Aggravated Assault Charges
If you are facing a charge of aggravated assault under Article 128, your career and your livelihood are on the line. Defending against such charge takes special experience in both the area of military law and criminal defense. At Bilecki & Tipon, LLLC, we provide aggressive defense for our military clients so that their rights and their lives are protected against the harsh punishments of a court martial. Contact a court martial attorney today to learn more about how we can help you fight against your aggravated assault charge.
Updated November 2014