Bexar Counties Military Criminal Lawyers

As a member of the U.S. Armed Forces, you have to abide by the military criminal law system while you are on base. When you are off base, you are subject to the civilian criminal law system. Both systems have similar laws for maintaining order and discipline. But, the military has extra special laws, which apply only to service members.

The Uniform Code of Military Justice (UCMJ) contains the military criminal laws. The Manual for Courts-Martial holds the procedures involved in a court-martial. A court martial is a military criminal court. Since criminal issues can happen on base or off base, you should hire an attorney who knows criminal law. The following information will help you with hiring a private military criminal lawyer:

Private Military Criminal Lawyer

If the military charges you with a serious criminal charge, you will be facing a court-martial. The military will provide you with a defense attorney at no charge. You should decide if hiring an additional legal representative is necessary.

The military defense lawyer and a public defender (a free defense lawyer off base) have similar roles as criminal attorneys. Large caseloads may prevent your military defense lawyer from preparing sufficient defense strategies. A private military lawyer and your military defense attorney can work together to build a strong defense for you.

You should hire a private military criminal lawyer with years of experience. This attorney will have the freedom to handle your case. The lawyer will not have to worry about retribution from high-ranking officers. A private military criminal lawyer may be able to help you with the following charges:

Absence Without Leave (AWOL)

A member of the armed forces is responsible for being at an assigned place of duty. If a service member fails to appear at or leaves a place of duty, he or she may be absent without leave (AWOL). The penalty for AWOL depends on the discretion of the commanding officer.

A service member can receive a dishonorable discharge for an absence over 30 days. The member will also lose all benefits and spend a year in jail. Here are some ways a member of the armed forces can be AWOL:

• Failed to appear at place of duty  
• Left place of duty without permission from superior officers  
• Absent from unit or post  
• Avoided field exercises or maneuvers  
• Kept away from a guard or watch post

Desertion

Desertion is when a service member leaves a unit without permission for 30 days or more. The service member can receive a dishonorable discharge and prison term of 5 years. During a war, the member may receive the death penalty. The following list contains the types of desertion:

• Remaining away from a unit or a post 

• Going away to avoid dangerous services • Running away before acceptance of resignation

Fraternization

All branches of the armed forces prohibit personal relationships. These connections are between officers and enlisted service members. The maximum punishment for fraternization is 2 years in jail. You can receive forfeiture of benefits.

Insubordination

Service members must follow the chain of command in the military. All branches of the military conduct this procedure. The following offenses can lead to the crime of insubordination:

• Disobeys an official order from a superior officer  
• Hits or strikes a superior officer  
• Disrespects a superior officer

DUI on Base

A service member may be subject to some serious actions for driving under the influence (DUI). Here are some of the actions that the service member can face for this crime:

• A reduction in grade  
• Loses pay  
• Imprisonment  
• Substance abuse treatment

Sexual Assault

Sexual assault is when a person commits a sexual act on another person by using force or deception. Punishment for this crime includes prison time and a dishonorable discharge. The following acts are types of sexual assaults:

• Commits act by threatening person  
• Injures person during act  
• Uses false identity throughout the act  
• Pretends that act is for a professional purpose

A private military criminal lawyer can help you with criminal charges. The attorney may be able to prevent you from spending time in a military prison. The lawyer may also be able to help you keep your status as a member of the U.S. Armed Forces.