Assault and Battery
Speak with a Military Criminal Defense Attorney
Assault and battery can include a wide variety of specific acts such as
inappropriate touching, intimidation, threats of physical harm, physical
abuse and more. When accusations of assault and battery are levied upon
a member of the United States military, the events that follow can have
very serious consequences. Not everyone is guilty of the charges brought
against them, and mistakes in judgment can happen. Anyone who has been
accused of assault and battery should consult a qualified attorney immediately
in order to start building their defense.
Our court martial attorneys understand how disastrous an allegation of
assault and battery can be to your military career. The investigation
process is not as limited as those in a criminal court, and subjects of
a military investigation may find that they suffer penalties even without
the conclusion of guilt. The firm can build a compelling case based on
all available information. They can protect your rights and may be able
to minimize or reduce penalties, both in military investigations and criminal
trials alike. The legal team is prepared to represent clients in any location
throughout the world and will not rest until every opportunity for success
has been explored.
Fighting Assault and Battery Charges
According to the Uniform Code of Military Justice, assault is the use of
force to do bodily harm to another person regardless of whether the action
found its mark. Attempting to do injury to another can result in a conviction
of assault. In addition, a person can be found guilty of aggravated assault
if they commit the assault with assistance of a deadly weapon or if they
intentionally inflict grievous bodily harm.
Battery is defined as the attempt to cause bodily harm, with the result
being the intended harm. For an individual to be charged with assault
the court does not need to find that the individual caused the harm, just
attempted to harm. In a battery case the court needs to find that the
individual attempted and committed the harm. For cases involving battery,
the intent to harm and the act of harming are equally important. Another
important aspect of battery is that the individual can either directly
or indirectly cause harm. For example, an individual can tamper with equipment
that caused another harm.
When a member of the armed forces is accused of assault and battery, the
authorities may conduct a
Board of Inquiry hearing which will seek to investigate the allegations and make a determination
as to his or her role in the military. In addition to dismissal from the
charges and an order to return to duty, other possible consequences include
discharge, dishonorable discharge, court martial and more. Beyond military penalties,
the offender may face substantial criminal penalties such as fines and
lengthy prison terms if found guilty.
There are several factors that can increase the punishment of the individual.
Depending on the status of the victim, the assault may be taken more seriously.
For example, if the alleged victim was a commissioned, warrant, noncommissioned,
or petty officer the punishment may be different if the alleged victim
was a sentinel or lookout on the line. Assault of a child under 16 years
old can also greatly increase the duration and the type of punishment
the court may assign. The court must also find that the individual who
allegedly committed the harm knew the status of the victim when he or
she committed the injury. If the court is unable to prove that the individual
was aware of the status then the punishment will change to reflect this.
To learn more, please do not hesitate to
contact a court martial lawyer from our office today to learn more!