Representative Cases Assault
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Assault
An E-4 was accused of hazing and assault and was
facing a special court-martial. Mr. George conducted an
extensive investigation and, ultimately, an agreement was
reached with the government whereby the client pled
guilty to one charge and specification at a summary
court-martial and would be administratively discharged
with, at worst, a general discharge. Despite the fact that
other members in his unit who faced similar charges
arising out of the same investigation received months of
jail time, the client received no punishment at the
summary court-martial.
An O-5 was given a career-ending Letter of Reprimand
for assault and vandalism. Mr. George drafted a detailed
memorandum setting out the background of the situation
and arguing that the client had lawfully defended himself.
The client's commander, an 0-7, withdrew the Letter of
Reprimand and did not replace it with any other
discipline. An unfavorable information file and negative
performance report were avoided as a result.
An E-7 was accused of failing to obey a regulation, two
specifications of false official statement, one specification
of assault, one specification of adultery and one
specification of incest. The client was able to avoid
prosecution after Ms. McCarthy negotiated an
administrative discharge in lieu of court martial.
An E-5 was accused of assault, being drunk on duty,
maltreatment of subordinates and conspiracy. After a
fully contested panel (jury) trial, the client was acquitted
of most charges and received a reduction in rank and 45
days hard labor without confinement.
These are representative cases from our
representation of military members. Please note
that each case is unique and has specific legal and
factual circumstances which affect the result. These
cases are provided for informational purposes only
and are in no way a guarantee of any particular result
in a future case.
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