Criminal Defense Lawyer Ft Campbell: Skilled Defense for Criminal Charges

Protecting Your Rights, Freedom, and Military Career

If you are an active duty armed forces member charged with a criminal offense, you may fear what the future holds. You may have to face charges in civilian and military court depending on the circumstances.

Penalties often include a reduction in rank, forfeiture of pay, confinement, and possible discharge. Due to the severe penalties involved with a conviction, it is in your best interests to seek qualified legal representation immediately.

The Law Office of Hibbeler & Associates has comprehensive experience handling military law cases in Fort Campbell and will use our skills to help you with your legal matters. When you come to us for help, we take time to explain the whole process of military justice proceedings and how they can impact your life.

Contact our law firm today to learn how you can schedule a free 30-minute case evaluation. A qualified legal team member will gladly sit down with you to review your case and determine what legal options best suit your needs.

Why Should I Hire a Civilian Attorney to Represent Me for a Military Case?

Many service members facing criminal charges are initially unaware they can hire a civilian attorney to represent them. However, not all criminal defense lawyers have the skills and knowledge to represent clients and protect their legal rights.

Military law is based on the Uniform Code of Military Justice (UCMJ) and has several procedures and penalties that differ from cases tried in civilian courts. Therefore, if you are a service member needing legal representation, you must hire an attorney with extensive military criminal law experience.

Some of the most significant benefits of hiring a civilian attorney include:

• Civilian attorneys typically only take on a specific number of clients, allowing them to focus on building a strong defense, unlike assigned uniformed counsel
• A service member can choose a qualified civilian attorney or accept the uniformed counsel assigned to them
• Even if service members hire civilian attorneys, they generally can keep their unformed counsel at no charge to them
• Civilian defense lawyers are only concerned with the well-being of their clients and are not bound by the restraints of a chain of command

For more information about the benefits of hiring a civilian defense attorney, contact our law firm so that we may schedule a free consultation to answer your questions.

What is the Uniform Code of Military Justice?

The Uniform Code of Military Justice (UCMJ) governs all branches of the armed forces. Military criminal law applies to all service members, regardless of their branch or capacity. It covers civilian crimes, including drug crimes, theft, and violent crimes, such as sexual assault, as well as those specific to the military, such as going AWOL. However, the UCMJ does not address divorce or child custody issues.

The UCMJ includes instructions on how military investigations should be carried out, procedural rules, and penalties for violations. It also stipulates when commanding officers may use nonjudicial punishment. However, commanders have the authority to use their own discretion when determining whether service members should be charged with offenses and any potential punishments.

If you are a service member accused of a crime, you must hire a defense attorney with extensive experience with the UCMJ. You do not want to risk your freedom and military career by hiring an attorney who cannot adapt to your unique situation. Just as with civilian law, the UCMJ can be overly complex and requires the help of a skilled defense attorney who can guide you through the legal process.

Our Fort Campbell criminal defense lawyers know what it takes to defend the Army and other military personnel and have a proven record of obtaining favorable client results. Allow us to professionally evaluate your case to determine what legal strategies will fit your needs.

What are Military Justice Proceedings?

Military justice proceedings are also known as court-martials. A court-martial is a military legal proceeding similar to a civilian trial determining whether a service member has committed a crime violating the Uniform Code of Military Justice (UCMJ).

During a court-martial trial, the prosecutor and defense attorney present evidence to the presiding military judge and a panel of military members, similar to a civilian jury, who hear the evidence against the accused. The number of panel members can vary depending on the type of court-martial, but generally, the panel comprises eight members. However, in a capital case that could result in the defendant being sentenced to death, the panel consists of 12 members. After hearing the evidence, the panel decides what, if any, punishment the defendant may receive.

Military law also allows for nonjudicial punishment (NJP), Article 15 under the UCMJ. Nonjudicial punishment allows commanders to address issues without needing a court martial. Additionally, an administrative hearing is not a criminal trial under Article 15 of the UCMJ but a process to determine whether service members should be discharged or retained in the military.

What are Penalties for Military Personnel Who Are Convicted of Crimes?

If you are an Army or active-duty military member accused of a crime, you may wonder what will happen if you are convicted. The UCMJ has strict rules determining the penalties for those convicted of criminal offenses.

Penalties are often based on the court martial involved. For example, in a special court-martial, the offenses heard by the court are similar to misdemeanors in civilian court. Penalties may range from a reduction in rank, bad conduct discharge, three months of hard labor, forfeiture of pay, or 12 months of confinement.

In general, court-martial offenses are similar to felonies, with penalties ranging from reduction in rank to forfeiture of pay, fines, restriction, confinement for up to 200 days, and a punitive discharge. A punitive discharge can only be issued through a court martial and consists of either a Bad Conduct Discharge (BCD) or a Dishonorable Discharge. A dishonorable discharge can negatively affect an individual’s ability to receive veteran’s benefits. In capital cases such as murder, a defendant could receive the death penalty.

If nonjudicial punishment (NJP) is imposed, military personnel could be ordered to perform extra duty, restricted to the base, reduced in rank, or forfeiture of pay, to name a few.

To avoid losing pay, rank, or possibly being sentenced to prison time, you must hire a defense attorney who will fight to protect your military career and freedom. Contact the Law Office of Hibbeler & Associates today to learn more about our services.

Why Should I Trust Your Military Defense Lawyer With My Future?

If you are in the military and have been brought up on criminal charges, you cannot wait to see if your situation will resolve itself. Military cases generally move more quickly than those heard in civilian court, so time is of the essence when deciding whether to hire an attorney.

At the Law Office of Hibbeler & Associates, our legal professionals understand the serious consequences that can result from a conviction. They are dedicated to fighting for your rights, freedom, and military career. When you hire us, a military defense lawyer will thoroughly assess your case and work with our legal team to create innovative defense strategies on your behalf.

We know this can be a challenging time for you and your family. However, our goal is to resolve your case as quickly as possible so you can resume your life. Our defense attorneys will work diligently to negotiate with the prosecutor to try to reduce the charges or work out a plea deal that will be favorable to you.

Our attorneys have extensive knowledge of the Uniform Code of Military Justice and are passionately committed to helping you obtain a favorable outcome for your case. If you have been charged with a Fort Campbell criminal offense, contact our law firm at 931-236-2711 to schedule a free 30-minute case evaluation so we can discuss your case.