Military Criminal Defense Blog

With the increased media and congressional attention on alleged military sex crimes, more and more military members are facing false accusations of sexual assault and other sex offenses. When you are facing such accusations, you need to avoid a conviction whenever possible because of the severity of some of the penalties for these convictions. Prison time – While sentencing for sex offenses in the military can vary widely, confinement in a military prison is almost always part of the sentence. Spending time in prison is always a frightening prospect. Your freedom is taken from you and you’re penned-in with strangers who have also been convicted of serious offenses. In addition to being separated from society, you might become alienated from your spouse, children, and other […]

Allegations of attempted murder are among the most serious accusations a member of the United States military can face. People who are convicted of attempted murder generally face extremely serious penalties, including dishonorable discharge and imprisonment. For this reason, it is critical for anyone accused of attempted murder to retain a military attorney familiar with the Uniform Code of Military Justice1 (UCMJ) and defending military members accused of serious crimes. Three of the more common defenses an attorney may be able to raise in a military attempted murder case are detailed below. Alibi An alibi defense involves showing that the defendant was at another location at the time that the crime was committed. While this may seem like a relatively simple defense to asset, it […]

When military members are accused of a crime, the stakes are extremely high. For this reason, it is important for those facing a criminal case to retain the best attorney they can. Here are some questions to ask your lawyer in order to help you determine whether you lawyer will be able to adequately represent you. What is your background in military criminal defense? The body of law that applies to military criminal proceedings, the Uniform Code of Military Justice1 (UCMJ), is significantly different from the law that applies to the civilian population. In many cases, even experienced lawyers who have practiced for years in the civilian world may know little more about the UCMJ other than the fact that it exists. As a result, […]

The United States Military pours limitless resources into allegations of sexual assault1. Whether or not these allegations are true, these kinds of cases tend to make the news and can cause a significant public relations issue for the Armed Forces. For this reason, these kinds of cases are often aggressively investigated and prosecuted, sometimes resulting in devastating consequences for innocent servicemen and women. For this reason, it is extremely important for anyone in the military accused of sexual assault to call an attorney immediately. Some of the ways a military defense lawyer can help you are detailed below. Reason #1.  An attorney will ensure that you do not or say anything to incriminate yourself When you are accused of sexual assault, you can be interrogated […]

A conviction in a military court for a criminal offense can have a severe impact on your civilian life, not just your military career. A military conviction can make it difficult to obtain civilian employment A service member who is convicted of a crime will usually be discharged from the military, either as a punishment at the court-martial or as an administrative consequence afterward. Potential employers typically ask veterans about their characterization of service, and many employers run background checks, and a less then honorable discharge will usually hurt your chances of obtaining employment. A military conviction can hurt your reputation While military personnel records are generally considered private information, they are often accessible by the public through the Freedom of Information Act.1 In addition, […]

As a member of the United States military, being accused of criminal misconduct is an extremely serious situation. Not only can a conviction end your military career, it can also result in the loss of your freedom and significant difficulties in obtaining employment in civilian life. It’s crucial for anyone in the military that has been accused of a crime to retain a highly experienced military lawyers. There are many ways that an attorney will defend your rights, three of which are discussed below. 1.  Ensure that any investigation does not violate your constitutional rights Just because you joined the military does not mean that you have given up your constitutional rights. Military law enforcement investigations are limited by several provisions of the Bill of […]

When people who are in the military are accused of criminal offenses related to child pornography, the consequences can be dire. Not only could they be subject to imprisonment and mandatory registration as a sex offender,1 a conviction would end their military career and significantly affect their opportunities in civilian life. It is critical for servicemen and women who have been accused of the possession or dissemination of child pornography to take steps to ensure that their legal rights are protected. Some of these steps are detailed below. For specific advice about your situation, call Gagne, Scherer & Associates, LLC today to speak with a military criminal defense attorney today. We are highly experienced in this area of court-martial, state, and federal law.  Call us […]

The Internet has dramatically changed the pornography industry. Adult materials that once were only obtainable at specialized stores or shops and were considered taboo by some are now streamed into our homes and offices at the click of a mouse. Many people are surprised to learn that their Internet habits may result in arrest and prosecution even if they did not intend to access pornography of minors. Offenses involving the distribution, possession, creation, or the violation of any other child pornography law1 are extremely serious and can severely restrict a military member’s freedom, career, and future civilian opportunities. For this reason, it is extremely important for anyone accused of a criminal offense involving child pornography to talk to an experienced lawyer immediately. Our law firm […]

The military has aggressively increased efforts to bring charges against military members accused of sexual assaults allegedly committed against civilians or fellow military members. However, in order to convict someone of sexual assault1 or similar misconduct under the UCMJ, the military must present evidence to the jury or judge supporting the allegations at court-martial. As with any other criminal charge, an allegation of sexual assault must be proven beyond any reasonable doubt. However, the military at all echelons of command has been tainting the minds of potential jurors through ill-informed, mandatory training on issues related to sexual assault, especially alcohol-related incidents. The scariest consequence of this training is that there is now a mentality of “strict liability” rather than a legal burden of proof. If […]

When allegations of serious misconduct have arisen against an Air Force or Army officer, you may be the subject of investigation by a Board of Inquiry (BOI).1 This investigation is extensive and your entire record of conduct can be considered by the BOI when deciding whether to take punitive action against you. A Board can consider less-than-stellar performance and non-related conduct in addition to any facts available relating to the allegations against you. BOI procedures carry serious potential consequences, including the following: Reduction in rank for retirement-eligible officers Other than Honorable characterization Discharge2 With so much at stake, you need to approach a BOI as seriously as if it were a court-martial. You have rights at BOI hearings Anyone who is the subject of a […]