Article 128 Assault

As a service member, you’ve given everything to defend your country. You’ve worked hard to get to where you are today, and we understand how frustrating it can be to possibly have all of that taken away due to an assault charge.

Assault encompasses many different crimes, which means that each individual case is unique. There is hope in fighting this charge with the right military defense lawyer.

Assault Defined by Article 128 of the UCMJ

There are several elements that could constitute varying degrees of assault, but according to the Uniform Code of Military Justice (UCMJ), you could be charged with assault if you attempted or offered to cause bodily harm to an individual.

A military member can be convicted of assault if he or she used unlawful violence or force intentionally either with a weapon or without.

There are several elements of sexual assault, and each has its own requirements in order to be charged, such as:

  • Simple Assault. The accused either offered or attempted to inflict bodily harm on an individual through unlawful violence or force.
  • Assault Consummated by Battery. The accused inflicted bodily harm on an individual through unlawful violence or force.
  • High-Punishment Assault Due to the Victim’s Status. The accused assaulted an individual who was executing law enforcement duty or a child under the age of 16.
  • Aggravated Assault. The accused assaulted an individual with a weapon or through force or other means with the intention to kill or at least cause severe bodily harm to the victim.

However, a military member cannot be convicted of assault if preparations were made to commit the crime but were not followed through. That being said, if the accused did follow through with the assault but due to some error, the assault did not take place, the accused can still be charged with assault. For example, if the accused pulled the trigger on a gun pointed at the victim knowing that bullets were inside, but it did not fire, the accused can still be charged with assault.

Consequences of an Assault Conviction

If you are convicted of assault, your punishment will vary depending on numerous circumstances, including the type of assault committed. You could face a dishonorable discharge, forfeiture of any pay or allowances, and possibly months to years in confinement.

How We Can Help

If you’ve been charged with assault, you will need to hire an experienced military defense attorney as soon as possible. Assault is a serious charge with frightening consequences. Contact attorney Garrison Wood today. You’ve served your country. Let us serve you.

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