Military Violent Crime Defense

At Bilecki Law Group, we believe every service member has earned the right to an aggressive defense on their day in court. We defend service members accused of assault, domestic violence, manslaughter and murder. Serious accusations call for serious advocacy, and we are ready to get into the fight.

Get a Free Case Evaluation

Military Defense Lawyers for Violent Crime Charges

Bilecki Law Group has defended service members around the world in courts-martial involving assault, domestic violence, manslaughter and premeditated murder. We are the lawyers you hire when you are ready to stand up and fight for your future. That means examining the government’s case, building the defense and giving you an honest assessment of your options.

Let’s face it, you are under immense pressure to get out from under these charges, one way or another. You may hear that a plea agreement is the safest option. Friends and family may worry about the sentence you could receive if you go to trial. Those concerns deserve answers, but a decision this important should follow a serious review of the evidence and the available defenses.

You owe it to yourself to understand whether the government can prove its case. You are presumed innocent, and the prosecution must prove every element beyond a reasonable doubt. An experienced defense lawyer should explain both the weaknesses in the prosecution’s case and the risks you face. Preparing to fight at trial and evaluating a proposed plea agreement are both part of protecting your future.

Aggravated assault, domestic violence, maiming, manslaughter and murder are among the most serious charges a service member can face. Depending on the offense and the circumstances, a conviction can mean confinement, forfeitures and a punitive separation. Some murder convictions carry a possible death sentence or mandatory life imprisonment, subject to the law governing plea agreements. The exact charge matters. You deserve counsel who will explain what the government must prove and what punishment is actually authorized.

A Serious Violent Crime Defense Starts With the Details

The quality of the defense matters when you are accused of a violent crime. Every material detail needs to be reviewed and evaluated. That can include visiting the scene, interviewing witnesses and examining the physical, medical and digital evidence. We look for what the government’s account explains, what it leaves unanswered and what contradicts it.

A detail that initially seems minor can change how the case is understood. Our goal is to learn your account, test it against the available information and build the strongest argument the facts support. That work may involve cross-examination, forensic analysis and expert assistance suited to the issues in your case.

Accusations involving violent crime call for serious firepower in court. Your military career, reputation, finances and freedom may be on the line. You need to know who will investigate your case, prepare it and stand beside you at trial. Ask about the lawyers’ experience with the charge you face and the work they propose to do. No lawyer can promise the verdict.

Tough Charges, Even Tougher Advocacy

The UCMJ addresses violent conduct through several different offenses. Similar facts can lead to different charges because intent, injury, the relationship between the people involved and the surrounding circumstances matter. These are some of the charges we examine and defend.

Article 118: Murder

Article 118 reaches four forms of unlawful killing: premeditated murder; killing with intent to kill or inflict great bodily harm; killing through an inherently dangerous act showing wanton disregard for human life; and killing while committing or attempting one of the serious offenses specifically listed in the statute.

That last category includes burglary, rape, rape of a child, sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child, robbery and aggravated arson. It is not a rule that every death occurring during any crime is automatically felony murder.

Premeditated murder and felony murder carry death or life imprisonment unless the person is otherwise sentenced under an Article 53a plea agreement. Other Article 118 forms do not authorize death but can carry life imprisonment. Whether death may actually be pursued requires a separate analysis of the capital procedures and the case. Article 118.

Article 119: Manslaughter

Article 119 distinguishes voluntary from involuntary manslaughter. Voluntary manslaughter involves an unlawful killing with intent to kill or inflict great bodily harm, committed in the heat of sudden passion caused by adequate provocation. Anger alone does not establish that legal standard.

Involuntary manslaughter involves an unlawful killing without that intent, caused by culpable negligence or committed while perpetrating or attempting a qualifying offense directly affecting a person. Culpable negligence requires more than an ordinary mistake. An accident, by itself, does not establish manslaughter. We examine what happened, the claimed duty, foreseeability and the evidence of causation. Article 119.

Articles 119a and 119b: Unborn Children and Child Endangerment

Article 119a addresses death or injury to an unborn child caused by conduct violating one of the offenses listed in that statute. The underlying offense and the connection between the conduct and the injury still must be proved. Knowledge of the pregnancy and intent to harm the unborn child are not required for the basic death or injury offenses. The statute separately addresses intentional killing and attempted killing and excludes specified consensual abortion conduct, medical treatment and prosecution of a woman with respect to her own unborn child.

Child endangerment is a separate offense under Article 119b. It requires a duty of care toward a child under 16 and endangerment through design or culpable negligence. It is not an Article 119a offense. Article 119a and Article 119b.

Articles 128 and 128a: Assault and Maiming

Article 128 covers several forms of assault, including simple assault, assault consummated by battery and aggravated assault. The charged theory can turn on a dangerous weapon, the nature of an injury, strangulation or suffocation, the victim’s status or another aggravating circumstance. Maiming is separately addressed under Article 128a. Other UCMJ provisions can also apply to violence against particular military personnel.

You can face an assault allegation even when you believe you acted in self-defense. That is why the sequence of events matters: who used or threatened force, what danger you reasonably perceived, what force you used and whether the facts meet the applicable self-defense rule. The same rule does not govern every use of force. A simple-assault maximum should not be confused with the much greater exposure for an aggravated offense. 2024 Manual for Courts-Martial, Part IV, paragraphs 77 and 78, and R.C.M. 916(e).

Article 128b: Domestic Violence

Article 128b addresses specified conduct involving a spouse, intimate partner, dating partner or immediate family member. It includes violent offenses, certain offenses committed with intent to threaten or intimidate, specified protection-order violations, and assault by strangling or suffocating.

These cases can involve anger, fear and relationships that have broken down. Your defense needs a clear account of what happened and a sound legal strategy. A qualifying conviction can also affect firearm rights, but the consequences depend on the offense and the governing law. We examine those consequences alongside the potential court-martial sentence. Article 128b.

Violent Crime Defense Practice Areas

• Murder/Manslaughter
• Aggravated Assault
• Robbery/Burglary
• Shaken Baby Injury and Deaths
• Self Defense

Get a Free Case Evaluation