Assault is a criminal offense that involves attempting or threatening violence upon another person. Whether this attempt was successful or the threat was carried out is not an essential part of an assault case, as the offense is the attempt or threat itself and not the act. When a service member is accused of assault, he or she will face prosecution in court-martial. Rather than in a civilian criminal court, military personnel face criminal charges in military court (court-martial) under the Uniform Code of Military Justice (UCMJ). Article 128 of this code lists out the particular offenses and penalties associated with assault.
Following are examples of assault under the UCMJ:
- Simple assault - the attempt or threat of causing bodily harm to another person
- Aggravated assault - assault with a deadly weapon or by means that are likely to cause serious bodily harm or death. Also includes assault committed that results in grievous bodily harm.
- Assault and battery on a minor under 16 years old
Defense Attorney for Assault Charges
The Gould Law Firm offers aggressive legal counsel to military personnel facing assault charges The firm is based in Corpus Christi, Texas but takes on cases throughout the U.S. and internationally. Your initial consultation with a military attorney is free, and this will give you a valuable opportunity to understand your rights and options in the face of your court-martial. At times, some service members believe that they have relinquished their constitutional rights when joining the military. This is simply untrue. You are afforded the same protection all U.S. citizens enjoy - and working with a lawyer is how you can help ensure your rights are not violated.
If you are a service member and have been accused of any form of assault, your freedom and future may be at risk. Harsh penalties may be enforced upon a court-martial conviction of assault, including confinement, pay reduction, dishonorable discharge, and more. Take action and get the legal representation you need.
Contact a military lawyer at The Gould Law Firm today for a consultation regarding your assault charges.