A Navy Petty Officer stationed at Pearl Harbor, Hawaii, was accused of sexual assault by a fellow Sailor whom he was previously friends with. The issue in this case was whether the sex was consensual.
After the Sailor retained Article 120 UCMJ sexual assault attorney, Tim Bilecki, the case proceeded through the Article 32 Preliminary Hearing, and charges were referred to a general court martial. Almost immediately before trial, Bilecki negotiated a plea agreement in which the sexual assault charges were dismissed in exchange for our client pleading guilty to a lesser included offense of assault consummated by battery.
While the parties were fully prepared to try the case in front of members, this resolution was certainly the risk-off option and ensured that our client would not be convicted of any offense requiring sex offender registration. This plea agreement also guaranteed that the Sailor would not serve any confinement time.
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