Defending Those Who Defend Us®
  • Assault & Battery Assault and battery are closely related, but they are not quite the same. The distinction is usually whether contact occurs. One can commit an assault without committing a battery; however, one cannot commit a battery without also committing an assault. Article 128 of the UCMJ deals with assault and battery. For, Read More

    From 2002 to 2016, the U.S. Department of Defense contracted with 3M, a Minnesota company, to manufacture and supply ear plugs for servicemembers. The ear plugs 3M provided were called the Dual Ended Combat Arms Earplugs (CAEv2) and were provided as standard issue to members of every branch. The ear plugs were supposed to, Read More

    Extramarital sexual conduct, which includes “adultery”, is illegal for members of the armed forces in certain circumstances. To be punishable under the UCMJ, the Government must prove three elements: That the accused wrongfully engaged in extramarital conduct with a certain person; That, at the time, the accused knew that the accused or the other, Read More

    Types of Manslaughter There are two types of manslaughter under the UCMJ: voluntary and involuntary.  Voluntary manslaughter occurs when a person is unlawfully killed “in the heat of sudden passion caused by adequate provocation.”  Involuntary manslaughter is when a death results from “culpable negligence” or occurs during the commission of certain offenses.  The elements, Read More

    Types of Murder Any person subject to the UCMJ who, without justification or excuse, unlawfully kills a human being is guilty of murder.  There are four ways murder can occur under the UCMJ: Premeditated Murder That a certain named or described person is dead; That the death resulted from the act or omission of, Read More

    Driving under the influence of alcohol or other substances is always dangerous and should be avoided no matter your station in life. If you are caught and convicted driving in an impaired state, you will face very serious penalties. For those who are serving in the military, there are a variety of additional concerns, Read More

    When serving in the military there are many things that can trigger your separation from the Armed Forces. While most of the time this will simply be the end of your enlistment contract, there are other situations where your military career is cut short. When this occurs, the military will often refer the case, Read More

    The United States military has a zero-tolerance policy when it comes to illegal drugs. Under Article 112a of the Uniform Code of Military Justice (UCMJ), anyone who wrongfully possesses, uses, manufactures, imports, or distributes certain controlled substances can be court-martialed and face up to five years in prison, among other penalties. What Is Article, Read More

    In the U.S. military justice system, the purpose of a special court-martial is to address charges that are not severe enough to warrant a general court-martial but are too serious for a summary court-martial. These non-capital offenses are generally equivalent to a misdemeanor in the civilian justice system. All classes of enlisted servicemembers are, Read More

    Contractors play a valuable role in modern U.S. military operations. They perform essential tasks like guarding bases, driving convoy trucks, maintaining military vehicles, serving as translators, and other work in combat zones or on U.S. bases outside the United States. Like their military counterparts, they can be injured on the job and when that, Read More