Defending Against Military Assault, Battery and Other Article 128 Charges

A Conviction for Assault Carries Severe Punishments

Article 128, UCMJ, covers all assault offenses in the military. Depending on the type of assault charged, the punishments range from 20 years imprisonment and a dishonorable discharge or bad conduct discharge, to 3 months confinement for less serious assaults. 

The maximum punishment for an aggravated assault offense is brutal: a dishonorable discharge and 10 years imprisonment.

Aggressive Defense for Military Assault Charges

Military assault law can be incredibly complex because there are so many variations of assault offenses under Article 128, including aggravated assault. Because of these variations, an amazing number of defense strategies also exist. Experienced court martial lawyers are often able to use these strategies to obtain a not guilty verdict for a military service member.

Here are a few examples of Article 128 law that create opportunities for a service member to defend against specific assault charges:

• Mere preparation. Preparation not amounting to an overt act does not constitute an assault.

• Threatening words. The use of threatening words alone does not constitute an assault.

• No intent to harm. If the circumstances clearly negate an intent to do bodily harm, there is no assault.

• Situations not constituting battery. If harm is inflicted unintentionally and without culpable negligence, there is no battery. It is also not a battery to touch a person to attract their attention or prevent injury.

• Self Defense. Self defense can be a perfect defense to assault charges.

If you seriously want to fight the assault charges you are facing, or any other violent crime charge under the UCMJ, call to learn how we would investigate, prepare, and defend your case.

If convicted at a general court martial you are all but certain to have a criminal record that will follow you for the rest of your life. All of your VA benefits will probably vanish. Your military career is in ruins and your ability to obtain civilian employment will be hampered. A dishonorable discharge or bad conduct discharge on a DD-214 is hard to explain. Worse yet, you may be sentenced to years of confinement.

You owe it to yourself to get the best legal representation you can. Don’t wait to act. The government’s prosecution team isn’t waiting. They’re using the vast resources available to them to gather a mountain of evidence against you. They’re preparing their case to convict you. They already have a head start, don’t let them get even further ahead. 

You need an experienced defense team working hard interviewing witnesses, visiting the alleged crime scene, and developing a plan to attack the government’s evidence and arguments against you.

Liebenguth Law provides aggressive representation for service members facing violent crime charges under the UCMJ.

Contact our office today to find out how we can help you protect your career and your future.

Violent Crime Practice Areas

• Violent Crime Defense
• Murder/Manslaughter
• Robbery/Burglary
• Self Defense
• Shaken Baby Injury and Deaths