Unlike a civilian case where you could escape a serious sentence or fines especially if you had committed a violation for the first time, military courts have a very high level of strictness that throw the book of military justice at you with your very first offense. If you are in the army, navy or air-force and have fallen foul of military laws then you should hire an aggressive Military Lawyer from Colorado Springs to defend yourself in a military court.
Armed forces in countries like the United States of America have separate laws and a Military Lawyer can help you determine if you have broken any of them. If you end up breaking any law during your stint in the armed forces then you could find yourself facing a court martial that could end with disastrous results. Depending on the nature of your crime, you could simply face a pay cut or end up with a dishonorable discharge. You could also face a stiff prison sentence unlike a civilian case where you just might end up with a slap on your wrists.
Quite often an individual's perception of a simple assault can be quite misleading. In respect to military law, there are three areas addressed by this offence. These are by offer, by attempt, or by battery. By having a basic understanding of these three areas, individuals might think twice before acting out and landing themselves into trouble.
By Offer: If an individual thinks that something that someone is doing, or not doing, is going to mean having some type of force applied against him, then this is an assault by offer. This holds true only if the person is led to believe this by the intention or negligence of the other person. In order for the offense to have been committed it does not mean that the act suspected by the individual is even carried out. In this case, it is definitely the thought that counts.
So really, what constitutes leading one to believe that they are going to be physically harmed? To begin with, the actions leading one to believe they are in harm's way do not have to be factual. For example, if one person points an unloaded gun at another, and the person the gun is being pointed at was under the belief that the gun was loaded, then the person with the gun has committed assault even if he was only joking.
If the victim really knows that no harm is intended then this is not assault by offer. The victim's perspective that he really is being threatened with harm must be a reasonable perception.
Assault by attempt: Threatening words or threats of harm being eminent in the future are not considered assault. There has to be something to lead one to believe that they are going to suffer bodily harm. For example, if someone was to strike out at a victim, but they were not within distance of contact, it would still be assault because the potential to inflict harm was there. One would think that based on this, if an individual were to fire a pistol over another person's head, the shooter would be charged. If there was no intent to cause harm then this would not be the case.
Assault by Battery: The most commonly understood aspect of assault is that where force or violence is carried out by one party on another. It goes further than that, though. Even offensive touching can be presumed as an assault. For example, kissing someone that did not give their permission. There have even been examples of unnecessary exposure to radiation being classed as sufficient physical touching.
Sometimes knowing a little about the law can be more detrimental than knowing nothing at all. Many individuals who thought they knew what assault was had no idea that when charged with an offense, the act they carried out came under such an area of the law as assault.
Military Divorce Lawyers
While in service I visited the United States as a guest of the US Air Force. As I was sometimes a presiding officer of Court Martial in India (being legally qualified), I was interested how the US military law functions. One significant difference is that in the US, there is at the moment one Unified Military Code which is applicable to all the 4 service arms namely the army, airforce, navy and coast guard, while in India we have a separate military code for each service.
The Unified Military code is a comparatively recent occurrence and was signed into law by President Truman only in 1951. Prior to this the code was amorphous and had very fewer checks and balances. The US military law took almost 175 years to evolve to the present Unified Military Code.
The US was a colony of England till 1776, till a war of Independence by the settlers against the English army led to the creation of the American state.As the American state emerged, a set of laws to regulate the army were considered essential. to start with the new state adopted the British codes for the US armed force. The US army now adopted what is known as the Articles of War 1775. These were derived from the British law and consisted of 69 sections. the American military code is credited to John Adams, who was a lawyer at that time. Later he became the President of the United States. The Articles of War found wide acceptance and at the Conference of the Continental Army, they were ratified.
The Articles of War were an exact copy of the British law, underwent a change and some amendments were incorporated in 1806. A team of military experts and lawyers studied codes of many nations including the French and raised the sections from 69 to 101. The code provided for summary execution and in some cases the Commanding Officer of Unit at the time of battle if convinced, could order execution of a combatant. There was no appeal. The code was effective and it instilled discipline in the US army. it was widely used in the US civil war from 1861-65.
The beauty of this code was that it continued for almost 150 years, without any questions being raised. The first time the code was questioned was in the period of the First World War when 13 black soldiers were summarily hanged for " mutiny". Later it came to notice that the punishment was excessive and as there was no appeal the sentence was carried out immediately. It was also mentioned that the bigger crime of the soldiers was that they were black.
To avoid a dip in morale the Secretary of defense Newton D Barker intervened. He ordered that henceforth no executions could be carried out without referring the matter to Washington. Thus a major change was effected in the military code.
After the end of the Second World War, the three Chiefs of Staff appointed a committee to streamline US military law. The committee came up with the Unified Military Code which became law from 1951. One significant change was that a series of checks and balances was introduced and the code made more humane. Death was made an exception and not a rule. This code is now in vogue in the USA. In India also experts are working on a Unified code for all 3 services.
Assault Crime in the Military Justice System
If you're a member of the armed forces facing a Military DUI charge, the process and consequences can be much different than someone who faces a civilian charge. There are some important differences you need to understand when you're dealing with a Military DUI charge.
What is intoxicated for a military DUI? For members of the military, a military court can use the state's legal blood alcohol limit for a military DUI. However, military courts aren't limited to the state's legal limit. If your blood alcohol limit is lower than the state's legal limit, but the military court feels it was enough to impair your ability to operate a vehicle, you can still be charged with a military DUI.
Where will your military DUI be tried? Unlike civilian DUI, a military court will try your military DUI. This means that you'll need an attorney that understands military law and military DUI. As in a civilian court, one charged with a military DUI has the right to a defense attorney. It's important that you get an attorney to assist you with the military DUI as quickly as possible. While civilian court proceedings tend to stretch out over a long period of time, military DUI court will move much faster.
What type of sentencing applies to military DUI conviction? In a military DUI conviction, there can be a wide variety of punishment. In a civilian trial, a DUI sentence is limited to community service, jail time, fines, loss of license, community service, and DUI programs. These are all limited by state law.
In a military DUI case, the sentencing can be quite different. For example, military DUI does not have a maximum legal sentence, so the court will be able to decide the sentence. A military DUI conviction can result in dishonorable discharge, a rank reduction, a pay deduction, loss of security clearance, fines, and imprisonment. At the very least you may receive a formal reprimand for a military DUI.
How will a military DUI affect my career? A military DUI can have a serious impact on your military career. It's possible to receive a dishonorable discharge ending your military career permanently. Less severe, but still serious, consequences of a military career include the inability to increase in rank or pay grade. Your military DUI conviction will become part of your permanent military record. In the armed forced, a military DUI is a very serious charge with serious consequences.
The armed forces have huge resources in terms of finance and manpower that is sure to be used against you in case you end up making a legal mistake. You will thus require an equally aggressive Military Lawyer that has enough experience in handling different types of military cases including the one that you find yourself in. Your lawyer should be well-conversant with all military laws along with the latest amendments. Since the military usually awards severe sentences even to minor infractions, an experienced lawyer can help you to win your case or at least try to get a reduced sentence in case of a loss.
If you do not have a pro-active and aggressive lawyer to represent your case then you could be pressurized into signing a guilty plea or enter into a plea deal that could anyway harm your interests. An expert lawyer with in-depth military law knowledge could study the proposals offered by the prosecution and help you make an informed decision that could save you from a long prison sentence or a discharge. Since the military has a very high conviction rate, you would most certainly be doomed if you do not have an experienced and fearless Military Lawyer on your side.
Your lawyer will anyway be outnumbered by lawyers and experts from the armed forces once he or she takes up your case. In case you are in the midst of getting a divorce when serving in the military then again such a lawyer that is an expert in divorce cases could help you to successfully get a divorce and get on with your life again. You could also hire a lawyer in case your military pension is stuck due to any reason. In any case, your lawyer will surely have a tough fight on his or her hands since the military will surely put its might behind each case so as to secure a conviction or victory.
If you are a member of the armed forces then you would be governed under military law and any infringement on your part could be met with harsh legal action. You should certainly hire an aggressive Military Lawyer to protect yourself, your reputation and your finances in case you end up on the other side of the military fence.