Eglin Air Force Base is in one of the most active military corridors in the country. Located near Fort Walton Beach and Destin on the Florida Panhandle, Eglin is part of a large and complex defense network that includes Hurlburt Field to the west and Tyndall Air Force Base to the east. The base spans more than 700 square miles and supports missions ranging from weapons development and testing to advanced training and special operations.
We know this area well. One of us was stationed at Hurlburt Field, including a tour as the Area Defense Counsel, and one of us was an ADC at Keesler. Even back on active duty, we were routinely doing courts-martial at Eglin, across the Panhandle, and throughout the Gulf Coast region. Since opening our firm in 2005, we’ve continued handling a high volume of cases here, including at Pensacola NAS and other installations. Eglin, Hurlburt, and Tyndall are familiar ground. We’ve been hanging dollar bills at McGuire’s for a long time.
Eglin is one of the largest installations in the military, with coastal access, inland ranges, and live-fire zones extending deep into the Florida wilderness. The surrounding land, airspace, and offshore waters make it ideal for weapons evaluation and flight operations.
Home to the 96th Test Wing and several tenant units, Eglin is central to Air Force Materiel Command and supports multiple joint and interagency programs. It is also a hub for Air Force Special Operations and other specialized units that operate across global theaters. The 96th oversees development and evaluation of precision munitions, navigation systems, and advanced aircraft integration.
The surrounding region has a high concentration of military families, retirees, and defense contractors, all connected to the base’s daily operations. Its proximity to Hurlburt Field, headquarters of Air Force Special Operations Command, means diverse missions overlap and coordination is constant.
Q: I’m already getting funny looks at work. If I hire you guys, will that get worse?
A: No. By the time you are under investigation, you already look guilty to the government. The presumption of innocence is a legal principle for the courtroom, not a practical reality during an investigation. Once an allegation is made, OSI, command, and others often operate with suspicion.
Hiring an experienced civilian lawyer does not create suspicion; it’s a shot across the bow. It demonstrates to the command and prosecutors that you understand the potential outcome and are taking the situation seriously. In many high-level cases, particularly those managed by the Office of Special Trial Counsel (OSTC), an experienced civilian defense attorney is standard. It makes the process more formal and shows you are prepared to mount a credible defense. A narrative is being built about you from the moment an investigation begins. Retaining counsel is your first and most important step in shaping that narrative.
Mistake of Fact in a Military Sexual Assault Case
Mistake of Fact (MOF) is a defense based on what the accused honestly and reasonably believed at the time. If you believed, based on what you saw or understood, that the other person consented, and that belief was both genuine and reasonable, the law recognizes it as a defense.
What Makes a Belief “Reasonable”?
It’s judged by what a careful, sober person would think in the same moment. The question is not whether consent existed, but whether it looked like it did.
Why the Mistake of Fact Defense is Allowed
To protect against criminalizing honest misunderstandings that were reasonable at the time, even if later regretted or reinterpreted.
Q: What power do I have if OSI wants to question me?
A: Your primary protection comes from Article 31(b) of the UCMJ, which is the military’s equivalent of Miranda rights. It requires that if a person subject to the UCMJ suspects you of an offense, they must first inform you of the specific nature of the accusation, advise you of your right to remain silent, and warn you that any statement you make can be used against you in a court-martial. This applies even if you are not in custody.
Agents might downplay these rights, framing them as a formality or your “one chance to explain.” These are interrogation tactics. The only correct response is to state clearly, “I am exercising my right to remain silent and I want to speak with a lawyer.” Once you say this, the questioning must stop.
If you are ordered to report to OSI, you must comply. However, you do not have to cooperate with their investigation against you. The entire process is designed to secure admissions.
Q: Can OSI lie to me during questioning? That doesn’t seem fair.
A: Yes, and you should expect them to. Investigators are permitted to lie about the evidence they have. They can claim to possess video evidence, witness statements, or text messages that do not exist. This is a standard tactic used during the “confrontation” phase to make you believe your situation is hopeless and that a confession is your only option. You have no obligation to respond to these claims. While they can lie to you, you cannot lie to them. A false statement to an OSI agent is a separate, serious crime under Article 107.
Q: What self-defense steps should I take if ordered to an OSI interview?
A: Your goal is to end the interview before it begins.
- Leave your phone and smart watch elsewhere. If you must bring them, turn them off.
- Inform a trusted person where you are going.
- Be polite but do not engage in small talk.
- As soon as they read you your rights, invoke them. Sign the form and check every box indicating you want a lawyer and do not wish to speak.
- Once you have invoked your rights, remain silent and wait to be released. Do not give them your passcode or consent to any searches.
The New Disciplinary Climate at Eglin: Understanding the “War Department Reset”
Recent directives have signaled a major shift toward stricter enforcement of standards across the Air Force. This “War Department Reset” has significant UCMJ implications for all personnel.
Q: Can I really be court-martialed for failing to meet new grooming, dress, or fitness standards?
A: Yes. The command is now using Article 92 (Failure to Obey an Order or Regulation) to enforce discipline. A willful failure to adhere to grooming or fitness regulations can be charged as a violation of a general order. Refusing a direct order to participate in a weight control program, or refusing to shave when ordered to, or disregarding an order to remove nail extensions, might be prosecuted under Article 92, which carries a potential Bad-Conduct Discharge.
Q: Am I at risk for political comments on my personal social media?
A: Yes. The UCMJ applies to you at all times. Command is taking a strict stance on what it deems politically divisive speech. Article 88 (Contempt Toward Officials), Article 89 (Disrespect Toward a Superior Officer), and the General Article (Article 134) can all be used to prosecute online activity, especially if you identify yourself as a service member.
Q: What if I believe a commander’s order under these new policies is unlawful?
A: You are in a perilous position. The military’s “Obey First, Question Later” doctrine is now strictly enforced. If you disobey an order, the burden is on you to prove it was “manifestly illegal,” a nearly impossible standard. The correct course of action is to obey the order and then immediately consult with defense counsel to challenge it through proper legal channels.
Q: Can I just go AWOL and take an OTH discharge, then get it upgraded later?
A: No. This is a dangerous myth from at least the early 2000s. An Other Than Honorable (OTH) discharge for an unauthorized absence is effectively permanent. The chances of getting it upgraded are near zero. Accepting this “deal” means you permanently lose all VA benefits, including the GI Bill. The difference between AWOL and the more serious charge of desertion is intent; if prosecutors can show you intended to remain away permanently (for example, by destroying your uniform), you will face a far more severe outcome.
Strategic Defense Against Common Allegations
Q: Can I be convicted of an Article 120 offense based on only one person’s testimony?
A: Yes. The law does not require physical evidence or corroboration to secure a conviction. If a military panel finds the testimony of a single accuser to be credible beyond a reasonable doubt, that testimony alone is sufficient to convict. This is why a defense focused on dismantling the prosecution’s narrative and challenging the reliability of memory is so critical.
Q: How do you fight the purely emotional aspect of an accuser’s testimony?
A: We force the panel to separate emotion from logic. Panels are human; they feel what they see. The defense’s task is to make them think again. The prosecution often relies on an “Appeal to Emotion,” where a witness’s genuine distress is presented as proof that a crime occurred. Our job is to politely but firmly expose these logical fallacies. We use cross-examination to show that a person can be sincerely mistaken or can tragically misremember an event, especially when alcohol is a factor, without it rising to the level of a criminal act.
Q: How does the prosecution use Article 133 against officers accused of sexual assault?
A: This is a common (if dirty) prosecutorial maneuver. If an officer is accused of sexual assault concerning an adulterous affair, the natural defense is to argue the act was consensual. However, this argument requires admitting to adultery. The prosecution anticipates this and adds a charge under Article 133 (Conduct Unbecoming an Officer), arguing the adultery itself was dishonorable. This means that even if the officer is acquitted of sexual assault, they have confessed to the conduct that will secure a conviction under Article 133, effectively ending their career.
The Unseen Challenge: Defending Allegations with Children
Our foremost duty is to the accused service member, but the obligation extends beyond that. A proper defense keeps the system honest. It is the test that ensures justice does not turn into presumption. Nowhere is that test harder than in cases with children.
These cases demand a contradictory mindset: total emotional control and total commitment to the client. The lawyer must examine the evidence with clinical detachment while simultaneously looking for every lawful path to acquittal or mitigation. Both states must coexist: skeptical analyst and relentless advocate.
- Clinical Detachment: This work means reviewing material that most people could not stomach and seeing only what it proves, what it fails to prove, and whether the investigation was by the book. The attorney’s focus has to stay fixed on method, reliability, and legal sufficiency. The evidence is not something to react to; it is something to dissect and assess.
- Controlled Paradox: Objectivity does not mean neutrality. The lawyer is not a spectator. He is fighting for the accused, but he does it through reason, not emotion. The analysis must be honest, searching for weaknesses, including the ones that cut against the defense, so that what survives that scrutiny can be argued with confidence.
- Ethical Discipline: Moral judgment has no place here. The only question that matters is whether the government can prove every element of the charge beyond a reasonable doubt. A disciplined defense holds that line so that the law remains the only measure of guilt.
- Mitigation Aftermath: If a conviction occurs, the focus shifts from liability to proportion. The same lawyer who stripped the case to its technical core must now humanize the client without minimizing the offense, presenting a complete, truthful account that supports fairness in sentencing.
To practice at this level requires a high tolerance for contradiction. It is demanding work, but that balance is what keeps the system honest.
The Panhandle Is a Place to Find a Lawyer, Not the Only Place
Q: Should I hire a UCMJ lawyer with a local office in Destin or Fort Walton Beach for a case at Eglin AFB?
A: The location of an attorney’s office is irrelevant. Focusing on it is a mistake. Winning in today’s military justice system requires a deep understanding of OSTC prosecution tactics, mastery of the Article 32 hearing, and fluency in the new sentencing regulations. This expertise has nothing to do with a lawyer’s physical address. The substantive work on your case happens through phone calls and emails. The decisive factors are your lawyer’s clarity, responsiveness, and strategic judgment, not their proximity to the Eglin gate. While travel adds cost, it is a necessary investment.
We have been doing cases in the Panhandle, across the South, and all around the world for a long time without logistical drag.
Q: Why do your firm’s phones ring directly to the senior partners?
A: Because we are trial lawyers, not a call center. When you are in crisis, you need to speak directly with the expert who will handle your case. We do not use screeners or junior associates as barriers. A direct line to a senior partner ensures immediate, high-level engagement from the very first call.
Over Two Decades Defending Courts-Martial at Eglin and Worldwide
We opened this firm in 2005 after leaving the Air Force JAG Corps, where we’d been trying courts-martial since 2001. We’ve never done anything else. No insurance defense, no divorces, no personal injury. Just military criminal defense and federal court.
The military justice system recently adopted federal procedures. We’ve been working in federal court for two decades, so the shift didn’t slow us down. We’ve defended service members at every rank, from enlisted to flag officers, on charges including sexual assault (Articles 120, 120b, 117a, 120c), child exploitation (Article 134), fraud, violent crimes, child abuse (Article 119b), officer misconduct (Article 133), and wartime offenses like desertion. Our work during the Iraq and Afghanistan wars gave us insight into how operational stress shapes these cases. You get two senior trial lawyers for the price of one.
Call an Eglin AFB UCMJ Lawyer Now
If you are under investigation or facing a court-martial at Eglin, Hurlburt Field, or Tyndall AFB, call us at 800-319-3134 for a free consultation. We have defended clients at every major Air Force installation in Florida and around the world for over 20 years.