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NAS Pensacola Court Martial Defense: Defending the Sailors and Student Aviators of the Cradle of Naval Aviation

An aerial view of Naval Air Station Pensacola.
An aerial view of Naval Air Station Pensacola.Photo: U.S. Navy / Patrick Nichols · Public domain
Source and image details120814-N-MX139-031Full frame preserved. Display size reduced.
The appearance of U.S. Department of War (DoW) visual information does not imply or constitute DoW endorsement.

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NAS Pensacola: The Cradle of Naval Aviation

On the Gulf Coast of the Florida Panhandle, Naval Air Station Pensacola is the Cradle of Naval Aviation, the place where the Navy and Marine Corps have trained their aviators for more than a century. Naval Aviation Schools Command starts every student naval aviator and naval flight officer here, the Naval Air Technical Training Center trains the enlisted technicians who keep the aircraft flying, the Blue Angels call it home, and the National Naval Aviation Museum sits on the base. The students, instructors, and families here live on the emerald water and sugar-white sand of Pensacola Beach and Perdido Key, with the Blue Angels practicing overhead and the historic city alongside. A command that trains the sea services' aviators will protect that mission and move hard against anyone who threatens it.

Military defense is all Bilecki Law Group does. We get flown to Okinawa, Germany, and Korea to try these cases, but Pensacola is practically our backyard, a short flight up the coast from our Tampa office, so the firm that travels the world for a court martial is right here when you need it.

The Pilot Who Landed in the Open Sea to Bring Them Home

Pensacola makes naval aviators, and the standard one carries was set by Lieutenant Nathan G. Gordon, a Catalina flying-boat pilot in the Pacific. On February 15, 1944, off Kavieng, when a bombing raid sent American crews down into the open sea within range of enemy shore batteries, Gordon brought his slow, unarmored seaplane down onto the water again and again, four times under fire, taxiing to the downed airmen and hauling them aboard until he had carried fifteen men to safety. He put his own aircraft and crew in the guns' line of fire, over and over, to leave no one behind. That refusal to leave anyone in the water is the standard we bring to a case at Pensacola.

Why Service Members at Pensacola Bring Us In

We win court martial cases. Military defense is all we do, and Sailors and Marines fly us in from all over the country because of our trial record. The military justice system is not built to find the truth; it exists to preserve good order and discipline, and a command that trains the aviators of the sea services will make an example of someone to protect that mission. A serious case is investigated by NCIS, and for sexual assault and other covered offenses the decision to refer charges to a court martial no longer belongs to your command but goes to an independent Special Trial Counsel. Your detailed defense counsel may be capable but carries a heavy caseload inside the same system, which is why those serious about winning bring in their own counsel.

UCMJ Charges We Defend at NAS Pensacola

The charges below are where most NAS Pensacola cases start, not where our defense ends. Whatever you are facing under the UCMJ, we take it.

Sexual Assault and Sex Offenses (UCMJ Article 120 / Article 134). These allegations route to an independent Special Trial Counsel now, and the command treats a report as established before the investigation is finished, all the more so in a tight training community where word of an allegation travels fast and the command wants to look decisive. These cases demand counsel who will run an independent investigation and contest the case rather than let the allegation stand in for proof, because a conviction can mean confinement and a federal record, with registration required for a covered sex offense under the applicable federal and state law.

Domestic Violence and Assault (UCMJ Articles 128b and 128). Domestic violence under Article 128b is charged as aggressively as any offense in the UCMJ since the Office of Special Trial Counsel took these cases over. It covers a spouse, an intimate partner, or a family member, and it treats strangulation or suffocation as its own charge that the government can bring even with no visible injury. A qualifying conviction also triggers the federal Lautenberg firearms bar, which can end a military career because a service member has to be able to carry a weapon. We also defend assault under Article 128, the usual charge when a night out in Pensacola ends in a fight, where self defense is a recognized defense.

Drunken or Reckless Operation, the Military DUI (UCMJ Article 113). A young training base on the Gulf Coast means a steady stream of Article 113 cases, the military's drunken or reckless operation charge, and for a student naval aviator a single DUI can end a flying career before it begins. The military can prosecute a drunk driving offense even when the civilian side does not, and the two can run at the same time. But these cases are far from automatic, because the stop, the field sobriety tests, the breath or blood result, and the chain of custody all have to hold up, and they often do not.

Drugs and Off Duty Conduct (UCMJ Articles 112a and 134). Drug cases often turn on the chain of custody and the government's burden to prove any use was knowing and wrongful. A service member is subject to the UCMJ off duty, so a night out in Pensacola that ends badly comes back to the command, and for a student aviator a drug allegation can also end a flying career before it begins. A positive test is evidence the government may use to argue knowing, wrongful use, not an automatic finding of guilt, so the collection, the chain of custody, and whether any use was knowing all remain the government's to prove.

A Career and a Reputation Worth Defending

We do not pretend that every service member who calls us from Pensacola is innocent. What matters is how serious the case is, not your rank. If a matter is genuinely minor, your detailed defense counsel can handle it, and we will tell you so honestly. But when the case is serious, everything is on the line at once: your career, your wings, your retirement, your good name, and your freedom. A court martial conviction is a federal criminal conviction, and the applicable sentencing parameters place a covered offense in a confinement range, two and a half to ten years for sexual assault and ten to twenty for rape, that a judge may depart from only by stating specific facts in writing, alongside any required or adjudged punitive discharge and, on a covered sex offense, sex offender registration. That is why you fight. The court’s jurisdiction and the convicted offense determine which sentencing rules apply; some offenses use separate sentencing criteria rather than these ranges.

If you are facing an investigation or court martial at NAS Pensacola, reach out for a free defense strategy session. We will tell you exactly what you are facing and how we would defend it. The government is already building its case. The only question is whether anyone is building yours.

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FAQ

NCIS wants to interview me at Pensacola. Do I have to talk to them?
No. You are not required to sit for an NCIS interview or answer their questions. Under Article 31b of the UCMJ you have the right to remain silent and to a lawyer, and you can invoke both at any point, including before the interview begins. NCIS is collecting evidence, not giving you a chance to explain, and it takes very little to be titled as a subject, a label that follows you for years. Decline, ask for counsel, and call a defense lawyer before you give any statement.

I'm a student naval aviator and an allegation has put my flight status at risk. Can I lose my wings even if I beat the charge?
Yes, because a Field Naval Aviator Evaluation Board and the court martial are separate tracks with separate standards. The board can act on the same allegation on a far lower standard than a conviction requires, so you can win the criminal case and still lose your aviation career if the board side is not fought, and for a student that can mean the end of the pipeline before it really starts. That is why the underlying allegation has to be defended on both fronts from the start, and we handle the criminal charge and the aviation board together.

I'm under an Article 120 investigation. Can it be beaten, and will I have to register as a sex offender?
Yes, it can be fought, because a conviction for a covered Article 120 offense triggers registration duties under the applicable federal and state law, with requirements and duration determined by the covered conviction and jurisdiction. The goal is to defeat the charge or reduce it to an offense that carries no registration, and the investigation and the charging decision are where these cases are most often turned. Get your own counsel involved before you ever sit down with NCIS.

See our United States court martial defense page for every stateside installation we cover.

Mr. Bilecki and Mr. Gold are by far the best legal team I have encountered in my entire career. My legal situation lasted almost one year and ended with the best case scenario; Full Acquittal! … Both Tim and Ben are very responsive to emails, text, and phone calls. Due to me being overseas and the time difference, they always made accommodations for a conference call that was convenient for me. When it came down to the actual trial, Mr. Bilecki was a superstar.

Rafael L.

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