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.
Evolution of Military Law in the United States
There are times when unforeseen circumstances can prohibit a military member from returning to duty after a stint of authorized leave. Here are a few situations where a member would probably not be found guilty of unauthorized absence:
Physically disabled: If a circumstance arose where a member was advised to remain in bed for health reasons, which meant he was unable to return to duty, then most probably he would be found to be physically incapacitated. If, on the other hand, the cause of illness was found to be self-induced, so that the member didn't have to return, then it could be a whole different story.
There was case law where a member went AWOL to obtain dental treatment through civilian means. The reason the member did this was because there had been a difference of opinion concerning the required medical treatment, and the member went untreated. This was not accepted as a defense for physical incapacity.
Transportation misfortunes: There may be unfortunate circumstances that prevent a member from returning to duty, but the circumstances are very rigid. It has to be a pretty good excuse to get one off the hook in this circumstance.
For example, a member was returning to duty from a weekend pass when his car broke down. The member decided to stay with the car while it was being repaired. As a result it put him in an unauthorized absence position. He was not able to use the defense of "no fault," and was found to have stayed with his vehicle for his own convenience.
Acts of God: To the surprise of many, this is often not an acceptable defense. For example, if there were some type of warning that a storm, earthquake, or some other natural disaster were pending for the near future and the member had the opportunity to return to duty before disaster struck, they could be found guilty of the offence of unauthorized leave if they were then delayed due to the event.
Unauthorized leave due to civilian confinement: This is a very complex area of the law pertaining to a member who is confined and therefore unable to return to duty. The outcome would be based on the circumstances of the civilian findings.
These are just a few basic examples that make the point that nothing should ever be taken for granted when it comes to military law. Obtain legal advice as quickly as possible in the face of any charges, no matter how small they seem.
When Unauthorized Absence Or AWOL May Not Be a Crime According to Military Law
If you, your spouse, or both of you are in the military and have decided to divorce, you should use the services of military divorce lawyers. The reason is that a military divorce can be a very complicated legal matter that requires the knowledge of this type of lawyer. Although this type of divorce will follow the same procedures as a regular civilian divorce there are some intricacies that are different. These include retirement and military benefits, living arrangements that have to be dealt with separately, and the serving of divorce papers. Because civilian divorce lawyers do not understand the military laws that surround a military divorce is why you would need such a lawyer.
The military uses the same legal system as the civilian divorce proceeding do so there are no military judges or military divorce courts. There is one rule that is different in military divorces that is not in civilian divorces. Across the United States in most jurisdictions, the serving of divorce papers have to be made in person and within a certain amount of time but it is different with a military divorce. There are laws that will protect the member of the military if there is an unusual delay in the proceeding because they are not able to be served the papers or to attend the proceedings because of active duty.
To become such a lawyer you should know the particulars of all applicable federal and state laws that could apply to any divorce. State laws govern most divorces but with military divorces this is not entirely true. In regards to pensions, custody of children, military benefits, retirement, and child support or alimony there are some federal laws that will trump state laws. In rare cases, there are some portions of the hearing that may need to be heard by federal judges. If one or both members involved in the divorce are stationed overseas, there could be additional issues that pop up.
For military lawyers they do not need to be a member of any branch of the military. They are lawyers that specialize in divorce, specifically military divorce. To become a military lawyer you need to have a bachelor's degree, a Juris Doctorate (J.D.) from a law school that is accredited, and pass the Bar Association examination. You will also need experience working as a divorce attorney or have a job working with a law firm that specializes in divorce. The last thing you need is an understanding of all issues that are involved with a military divorce.
To be admitted to a good law school you have to have had a high grade point average throughout your bachelor degree program and pass the admissions test
Military Divorce Lawyers
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.
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.