Are you a service member facing legal challenges in Louisville, Kentucky? The experienced Louisville military defense lawyers at Suhre & Associates DUI and Criminal Defense Lawyers are here to help. Reach out today at (502) 371-7000.
Utilizing over 100 years of combined experience, our legal team handles military criminal defense cases involving serious charges under the Uniform Code of Military Justice (UCMJ). Our team includes former prosecutors, former police officers, and military veterans who understand both military and civilian legal systems. We are committed to protecting your rights and your future.
If you are facing military criminal charges, contact our office today to schedule a free consultation and learn how we can help.
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How Suhre & Associates DUI and Criminal Defense Lawyers Can Help With Military Criminal Defense Cases
If you are facing charges under the UCMJ in Louisville, KY, you need an attorney who understands military protocol and court-martial procedures. At Suhre & Associates DUI and Criminal Defense Lawyers, our attorneys have a deep understanding of military law and will work to defend your rights and safeguard your career.
Military criminal law is significantly different from civilian criminal law. Our Louisville military defense attorneys have decades of experience defending service members against serious charges under the UCMJ. We have former police officers, former prosecutors, and military/USMC veterans on our legal team. We understand military criminal law and are prepared to fight for your rights at every stage of your case.
When you hire us, we will:
- Conduct a thorough investigation of your charges
- Gather and analyze evidence
- Challenge the prosecution’s evidence
- Develop a strong defense strategy
- Represent you in Article 32 hearings
- Defend you at courts-martial
- Negotiate with military prosecutors
- Pursue post-trial relief
Our Louisville criminal defense lawyers are ready to help you navigate all aspects of your case. Contact us today to learn more about how we can provide you with military legal assistance.
Potential Military Criminal Charges in Louisville
Military criminal charges can range from minor infractions to serious felonies. Some common charges under the UCMJ include:
- Assault: Assault crimes range from simple assault to aggravated assault involving a weapon or serious bodily injury. Convictions can lead to confinement, reduction in rank, and punitive discharge.
- Murder: Premeditated killing or reckless actions leading to death can result in life imprisonment or even the death penalty
- Drug Possession: Possession or use of controlled substances is prohibited in the military and can lead to a dishonorable discharge.
- Sex Crimes: Sexual offenses can lead to severe penalties, including dishonorable discharge and lengthy prison sentences.
- Sexual Harassment: Unwelcome advances or comments can lead to disciplinary action, court-martial, and discharge
- Domestic Violence: Accusations of domestic violence can result in criminal charges and loss of firearm rights.
- Larceny: Unauthorized taking of military or personal property can lead to confinement, forfeiture of pay, and demotion..
- AWOL or Desertion: Failing to report for duty or leaving a post without authorization can result in severe disciplinary action.
There are many potential military criminal charges in Louisville, each carrying different penalties and legal processes. If you’ve been charged with these or other crimes, contact our experienced Louisville criminal defense attorney for help.
What Are the Penalties for Military Criminal Offenses?
The penalties for military criminal offenses can be severe, impacting both your military and civilian life. Potential consequences include:
- Confinement in a military prison
- Dishonorable or bad conduct discharge
- Reduction in rank and pay
- Loss of military benefits
- Forfeiture of retirement pay
- Loss of gun rights and security clearances
- Fines and restitution
The long-term implications of a conviction can also affect civilian employment, housing, and professional licenses. That’s why it’s critical to seek legal help as soon as possible after you are charged.
Other Proceedings and Investigations
Apart from criminal charges, service members may also face military investigations and administrative proceedings, including:
- Article 15 Non-Judicial Punishment (NJP)
- Administrative separation proceedings
- Security clearance revocation hearings
- Command investigations
- Inspector General (IG) investigations
- Military Protective Orders (MPO)
Our attorneys at Suhre Law can represent you in these proceedings and work to mitigate potential career consequences.
What Defenses Are Available in Military Criminal Proceedings?
Our military defense attorneys will develop a defense strategy that is tailored to the facts of your case.
A variety of defenses may be available in military criminal cases, including:
- Lack of intent or mistake of fact
- Self-defense or defense of others
- Consent in sexual assault cases
- Obedience to orders
- Mental incapacity or duress
- Entrapment or unlawful command influence
Each case is unique, and your defense strategy will need to account for the specific circumstances surrounding your charges. Contact Suhre & Associates today to discuss your case and learn more about your defense options.
Overview of the Court-Martial Process in Louisville
If you are facing serious charges in the military, you may be subject to a court-martial, which is the military’s version of a criminal trial. The court-martial process is highly formalized and governed by the Uniform Code of Military Justice (UCMJ).
The process typically begins with an investigation conducted by military authorities. This investigation determines whether sufficient evidence exists to proceed with charges.
Before charges are referred to a court-martial, the accused may undergo an Article 32 hearing, a proceeding similar to a civilian preliminary hearing. The Article 32 hearing assesses whether probable cause exists to refer charges to a court-martial but does not determine guilt or innocence.
If the charges are referred to a court-martial, the type of proceeding will be determined based on the severity of the alleged offenses. There are three types of courts-martial:
Summary Court-Martial
This body handles minor offenses and is presided over by a single commissioned officer who acts as judge and jury. Punishments in a summary court-martial are less severe, typically involving confinement for no more than 30 days, reduction in rank, or fines.
Special Court-Martial
This is similar to a civilian misdemeanor trial. It involves a military judge and a panel of at least three members. The accused has the right to legal representation. Penalties may include confinement for up to one year, hard labor, reduction in rank, forfeiture of pay, and a bad-conduct discharge.
General Court-Martial
Reserved for the most serious offenses, a general court-martial is comparable to a civilian felony trial and includes a military judge and a panel of at least five members. The panel size may increase in capital cases. Penalties can be severe, including lengthy prison sentences, dishonorable discharge, and, in rare cases, the death penalty. A unanimous verdict is required for the imposition of the death penalty.
Our attorneys are experienced in defending clients in all three types of courts-martial. We provide comprehensive representation, from conducting independent investigations to challenging the evidence and presenting compelling arguments to achieve the best possible outcome.
Appeals and Post-Trial Proceedings for Military Charges
If you have been convicted at a court-martial, several post-trial options are available to mitigate the consequences of a conviction, including clemency petitions, appeals to higher courts, and sentence reduction requests.
- Filing Appeals: Following a court-martial conviction, service members have the right to appeal to higher military courts, starting with the relevant service branch’s Court of Criminal Appeals (CCA) and, if necessary, progressing to the United States Court of Appeals for the Armed Forces (CAAF). Grounds for appeal can include legal errors, lack of sufficient evidence, or prosecutorial misconduct.
- Petitioning for Clemency: Clemency petitions are submitted to the convening authority or higher command to request leniency in sentencing. Relief may include sentence reduction, discharge modification, or reduction in rank penalties.
- Seeking Sentence Reductions: If new evidence emerges or legal errors occurred during the trial, a motion for sentence reduction may be in order. This can be particularly relevant in cases involving substantial prison sentences or dishonorable discharges.
- Pursuing Post-Trial Relief: Post-trial relief may involve requesting expungement, record correction, or restoration of lost benefits. This process is vital for service members seeking to reintegrate into civilian life or resume military service after completing their sentences.
Our legal team is dedicated to exploring every possible avenue to mitigate the impact of a conviction. We will review trial transcripts, investigate potential errors, and file necessary motions to pursue post-trial relief.
Contact us to discuss how we can assist in protecting your rights and your future, even after a court-martial conviction.
Schedule a Free Consultation With a Louisville Military Defense Lawyer
If you or a loved one is facing military criminal charges in Louisville, KY, do not wait to seek legal representation. The consequences of a conviction can be life-altering, affecting your military career and civilian life.
Suhre & Associates DUI and Criminal Defense Lawyers has over 100 years of combined experience handling criminal law cases. We have former law enforcement and military veterans on our team. We know how to help you get justice in your military case.
Contact us today to schedule a free, confidential consultation with an experienced Louisville military defense lawyer. We’re here to protect your rights and fight for your future. We serve clients in Louisville and all of Kentucky.
