Article 120 A Stalking
Service members who are charged with stalking under Article 120A of the Uniform Code of Military Justice (UCMJ) could face serious consequences. If you’ve been accused of stalking, you will want to hire an experienced military defense attorney who can help you fight against this charge and help regain your rights.
According to the UCMJ, stalking is when a military member wrongfully behaves in such a way that another person feels her life or the life of her family is threatened. Under this article, a military member may also be charged with stalking if they make someone else fear that she or members of her family might be sexually assaulted. A service member might be charged with violating this article if it can be established that his or her behavior or actions would cause fear in a reasonable person.
If you were charged with stalking, the actions that would be of concern include physical or visual nearness maintained by the accused with the victim on more than one occasion. It may also refer to repetitive communication of threats, whether verbal, written, or in a different way.
However, specific elements must be proven in order to be convicted of stalking, such as:
- At a specific time and place a military member was wrongfully involved in certain conduct that was directed at a specific person and would cause the victim to fear injury or death to herself or her family.
- The service member knew or should have known that the victim would be in fear of injury or death because of his behavior or actions.
- The accused’s actions caused the victim to fear injury or death to themselves or their immediate family.
Possible Consequences for Stalking
If convicted of stalking, you could lose many benefits you have earned and suffer other penalties such as dishonorable discharge, forfeiture of any pay or allowances, and possibly a maximum sentence of three years confinement.
How We Can Help
We understand how stressful it can be when you are accused of a crime. As a service member, you will need a professional, experienced military defense lawyer who understands how to combat the charges according to the UCMJ. Contact military defense attorney Garrison Wood to schedule a free and confidential review of your case.