UCMJ Related Charges and Offenses - CRIMES AGAINST PERSONS
UCMJ Investigations provides experienced investigative services relating to a wide range of UCMJ related offenses. Our approaches to reviewing and analyzing the government’s case depends on the specifics of the charges levied against you. We will discuss these approaches with you and your attorneys so that we can maximize our efforts.
While not a complete list these are some of the more frequent types of UCMJ charges and offenses that we offer investigative services and relate to Crimes Against Persons.
We are not lawyers and the information presented is illustrative of the types of investigative services we offer. Consult your attorney for legal guidance.
OUR EXPERTISE: UCMJ CASES Relating to Crimes Against Persons
We understand military law, and how to effectively investigate UCMJ cases.
Specific UCMJ Charges Relating to Crimes Against Persons
ASSAULT (Article 128)
Any person subject to this chapter who, unlawfully and with force or violence— (1) attempts to do bodily harm to another person; (2) offers to do bodily harm to another person; or (3) does bodily harm to another person;
The government investigators of your case will aggressively attempt to ensure that you receive the highest amount of penalties for this accusation and if you are found guilty, you will be immediately dishonorably discharged and could potentially suffer the death penalty or life imprisonment as directed by court martial.
This is not the time to find a cheap or inexperienced investigator. You need the best because the stakes are too high. You need to get Michael West involved with your legal defense team from the very start. He has a proven history of finding weaknesses in the government's case and knows where to challenge their findings.
Conspiracy (Article 81)
(a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. (b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.
The severity of punishment depends on several things, was it during the time of war or were there more than two people involved, was an overt act committed, and what was your role?
The government investigators of your case will aggressively attempt to ensure that you receive the highest amount of penalties for this accusation and if you are found guilty, you will be immediately dishonorably discharged and could potentially suffer the death penalty or life imprisonment as directed by court martial.
This is not the time to find a cheap or inexperienced investigator. You need the best because the stakes are too high. You need to get Michael West involved with your legal defense team from the very start. He knows what to challenge and where to look for weaknesses in the government’s case.
Drug Related Crimes (Article 112a)
The military has a no-nonsense attitude toward the use or drugs. This includes the possession, transfer, sale or otherwise possessing any drug including marijuana, cocaine or large amounts of prescription pills, you will be charged with wrongful use, possession, etc., of a controlled substance as defined under Article 112a of the Uniform Code of Military Justice.
Michael West has helped prosecute hundreds of drug offenses over his career and knows how the system is used. You need him on your defense team.
Being confined without pay and being dishonorably discharged is not a consequence that you want.
Manslaughter/Attempted Murder (Article 118 or Article 119)
Any person who unlawfully takes the life of another human being in a premeditated act without justification will be charged with murder under Article 118 or Manslaughter under Article 119.
If you did not actually commit the homicide but were involved in the perpetration through the acts of another crime such as rape, robbery, burglary, aggravated assault or sodomy, you will be charged with murder as well.
The government investigators of your case will aggressively attempt to ensure that you receive the highest amount of penalties for this accusation and if you are found guilty, you will be immediately dishonorably discharged and could potentially suffer the death penalty or life imprisonment as directed by court martial.
This is not the time to find a cheap or inexperienced investigator. You need the best because the stakes are too high. You need to get Michael West involved with your legal defense team from the very start. He knows what to challenge and where to look for weaknesses in the government’s case.
Negligent Homicide (Article 134-25)
To convict you of Negligent Homicide the government must prove (1) That a certain person is dead; (2) That this death resulted from the act or failure to act of the accused; (3) That the killing by the accused was unlawful; (4) That the act or failure to act of the accused which caused the death amounted to simple negligence; and (5) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
There are degrees of negligence, simple or culpable, and the penalty will be based on that degree of involvement.
If you are charged with a violation of Article 134, you need to have Michael West as part of your team. Michael has the experience needed and his involvement as part of your defense team will prove invaluable.
Obstruction of Justice (Article 131b)
To convict you of obstructing justice, the prosecutor must prove that you (1) you knew or believed that there would be a criminal proceeding; (2) and you committed certain acts; (3) with the intent to influence or impede the administration of justice; and (4) that that your conduct was service discrediting or prejudicial to good order and discipline in the armed forces.
Obstruction of justice includes lying to investigators, intimidating witnesses and destroying evidence. Encouraging a victim to take back an accusation can also be obstruction of justice. There must be the intent to influence or impede the administration of justice, however, an actual impediment or influence is not necessary. Additionally, a proceeding or investigation does not need to have started for obstruction of justice to occur.
If you are charged with a violation of Article 134, you need to have Michael West as part of your team. Michael has investigated literally hundreds of related charges and his experience will prove to be an invaluable part of your defense.
