Military Defense Lawyer

Article 128 – Assault | Military Lawyer

R. Davis Younts

Military Lawyer

Under the Uniform Code of Military Justice, the offense of assault can be committed in three ways – offer, attempt, or by battery. An assault by offer is when someone is placed in reasonable apprehension of force without actual touch. It can happen intentionally or culpably negligently. For example, if someone points an unloaded gun at another as a joke and that person feels reasonably scared of harm, it can qualify as an assault. However, if circumstances indicate that the accused did not intend to injure the person, it may not be considered an assault.

If you are charged with assault or with aggravated assault, R. Davis Younts can offer you sound legal advice, craft an effective defense on your behalf, and bring your assault or aggravated assault case to its best possible conclusion.

Simple Assault:

To prove a simple assault, it needs to be shows true evidence that the accused attempted or offered to cause bodily harm to another person and that this attempt or offer was accompanied by unlawful force or violence.

Assault & Battery:

To prove assault consummated by battery, it needs to be shows true evidence that the accused caused bodily harm to another person with unlawful force or violence.

Assaults punishment based on Status of Victim:

Assault upon a commissioned, warrant, non-commissioned, or petty officer:
This involves attempting to cause bodily harm, offering to cause bodily harm, or causing bodily harm to a commissioned, warrant, non-commissioned, or petty officer, knowing their status as such.

Assault upon a sentinel or lookout in the execution of duty, or upon a person in the execution of law enforcement duties:
This involves attempting to cause bodily harm, offering to cause bodily harm, or causing bodily harm to a sentinel or lookout in the execution of duty, or to a person who is engaged in security police, military police, shore patrol, master at arms, or other military or civilian law enforcement duties, knowing their status as such.

Assault consummated by a battery upon a child under 16 years:

This involves causing bodily harm to a child under 16 years with unlawful force or violence.

Aggravated Assault:

Aggravated assault involves the use of a dangerous weapon or other force that is likely to cause death or grievous bodily harm. It can also involve inflicting grievous bodily harm intentionally.

Punishments

The punishments vary depending on the type of assault committed. For simple assault, it can include confinement for 3 months and forfeiture of two-thirds pay per month for 3 months. Assault consummated by a battery can result in a bad conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months. The punishments can be more severe for assaults against commissioned, warrant, noncommissioned, or petty officers, sentinels, or law enforcement personnel. Aggravated assault can carry harsher punishments, with factors like the use of a loaded firearm or inflicting harm upon a child under 16 years contributing to the increased severity.

If you have been accused or charged with assault or aggravated assault, you may be able to plead self-defense. What happened may have been an accident or a misunderstanding. It’s even possible that you’ve been misidentified and that someone else committed the assault.

Attorney R. Davis Younts may even be able to have the charge dismissed if the prosecutor has insufficient evidence or if your rights were violated by the military police.

If you are charged with assault or aggravated, call attorney R. Davis Younts at (833) 739-5291 or (717) 612-4840. Free consultation.

UCMJ Articles:

Article 15: https://yountslaw.com/nonjudicial-punishment-article-15-njp/
Article 92: https://yountslaw.com/what-is-article-92/
Article 128: https://yountslaw.com/article-128-assault-military-lawyer/
Article 120: https://yountslaw.com/military-criminal-defense-of-sexual-assault/
Military Medical: https://yountslaw.com/military-medical-professional-defense/
Military Religious Freedom & Religious Accommodations: https://yountslaw.com/military-religious-freedom/

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