California Military Defense Lawyer
Defense Against Military Criminal Charges in California
If you or a loved one is facing military criminal charges in California, it is crucial to seek the assistance of an experienced military defense attorney who understands the complexities of military law and the justice system. The Griffin Law Firm, PLLC, is a team of skilled military defense lawyers with years of experience defending clients in military court-martial, administrative proceedings, and other military legal matters.
Our California military criminal defense attorney understands the strategies and tactics used by the prosecution. We use this insider knowledge to build a strong defense on behalf of our clients, and we strive to achieve the best possible results in every case.
Call (888) 707-4282 today or message our lawyers to schedule a free phone consultation with our California UCMJ defense lawyers.
Understanding Military Crimes and Their Complexities
Military crimes encompass a wide range of offenses that can occur within the armed forces. These offenses can vary from relatively minor incidents to more serious crimes. Navigating the legal landscape for military crimes requires a deep understanding of the Uniform Code of Military Justice (UCMJ), which governs the conduct of military personnel.
One of the critical distinctions between military crimes and civilian crimes is the jurisdiction and legal procedures involved. Military members who face criminal charges may be subject to court-martial proceedings, and the consequences can include dishonorable discharge, confinement, and a permanent criminal record. To ensure that their rights are protected, individuals facing such charges need a California military crimes defense lawyer who is well-versed in the unique aspects of military law.
Some of the most common military criminal charges include:
- Desertion and Absence Without Leave (AWOL)
- Sexual Offenses
- Drug and Alcohol Offenses
- Assault and Battery
- Theft and Fraud
- Murder and Manslaughter
What are the Potential Penalties for Military Criminal Charges?
The penalties for military criminal charges can vary significantly based on the specific offense, the severity of the crime, the service member's rank, and whether the case is handled through non-judicial punishment (NJP) or court-martial. Penalties can range from administrative actions and loss of rank to significant prison time, dishonorable discharge, or even the death penalty for the most severe offenses.
Non-Judicial Punishment (NJP)
For less severe offenses, the military may use non-judicial punishment (NJP), often referred to as "Article 15" punishment in the U.S. Army and similar terms in other branches. This type of punishment is typically used for minor infractions and allows commanders to impose disciplinary actions without a court-martial.
Penalties under NJP can include:
- Reduction in rank or pay grade
- Extra duties (additional work assignments or punishment tasks)
- Restriction to base or quarters
- Forfeiture of pay (in part or full)
- Reprimands or warnings
The exact punishment will depend on the severity of the offense and the discretion of the commanding officer.
Court-Martial Penalties
For more serious offenses, a service member may be subjected to a court-martial, which is the military's formal judicial process. Court-martial cases can be divided into three types: Summary Court-Martial, Special Court-Martial, and General Court-Martial. The penalties depend on the level of court-martial and the specific offense.
Summary Court-Martial
Summary court-martial is the least severe form and is typically used for relatively minor offenses. Penalties can include:
- Up to 30 days of confinement
- Forfeiture of pay
- Reduction in rank
- Administrative separation from the military (discharge)
Special Court-Martial
Special court-martial is used for offenses of moderate severity. The penalties are more severe than those of a summary court-martial and can include:
- Up to 12 months of confinement
- Forfeiture of pay and allowances
- Reduction in rank
- Dishonorable or bad conduct discharge (in some cases)
General Court-Martial
General court-martial is reserved for the most serious offenses and is similar to a civilian criminal trial. Penalties can include:
- Up to life in prison or the death penalty (for the most extreme crimes, such as murder or treason)
- Dishonorable discharge (which carries significant long-term consequences, such as loss of veterans' benefits and social stigma)
- Forfeiture of pay and allowances
- Total or partial reduction in rank
- Loss of certain military benefits, such as pensions or retirement pay
Additional Factors Affecting Penalties
The severity of penalties can be influenced by various factors, including:
- Rank and Status: Higher-ranking service members are often subject to more severe penalties, given the expectation of leadership and responsibility.
- Mitigating or Aggravating Circumstances: Factors like the service member’s history of good conduct, whether the crime involved premeditation or malice, or whether the offense occurred during combat can all influence the outcome.
- Previous Record: A service member with a history of prior offenses may face more severe penalties than someone with no prior record.
- Court-Martial Findings: The findings of the court-martial panel or judge can influence the severity of the sentence. A panel may be more lenient or strict, depending on the nature of the charges.
Why You Need a Military Defense Lawyer in California?
When selecting a military crimes defense lawyer in California, experience is paramount. Legal professionals who focus on this field have a deep understanding of the complexities of military law and are well-prepared to defend their clients effectively. They recognize that military members are often subject to different standards of conduct and due process than civilians.
Moreover, experienced California military crimes defense lawyers understand that a criminal conviction can have life-altering consequences for military personnel. It can jeopardize their military career, pensions, and future employment prospects. Therefore, these lawyers work tirelessly to explore every legal avenue, challenge evidence, and protect their clients' rights to secure the best possible outcome.
Get in Touch with Our California Military Criminal Defense Team
At The Griffin Law Firm, PLLC, we understand the significant impact that a military criminal conviction can have on your career, reputation, and future. That is why we work tirelessly to build a strong defense on your behalf, protect your rights, and fight for the best possible outcome.
If you are facing military criminal charges in California, contact our military criminal defense lawyer team today to schedule a consultation. We are here to help you navigate the complexities of military law and the military justice system and provide you with the best possible defense.
Learn more about how our California military criminal defense attorney can help you by contacting us online or by calling (888) 707-4282 today!
Hear From Our Happy Clients
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"Highly Knowledgeable and Passionate"
Marshall's communication style and understanding of the military law system is exceptional. As a person who has never hired a lawyer before, it was a breeze working with him. He was very knowledgeable of the situation I found myself in, and actually opened- John -
"Attorney Griffin argued with determination and commitment"
The best attorney anyone could have, without a doubt, is Marshall Griffin. He was invaluable during an extremely difficult time when our son was accused of a wrongful charge. We didn’t know what to do or who to turn to while dealing with legalities, military codes, and the overwhelming emotions of knowing our son had been charged with something very serious. Marshall made himself available for all of our needs; most importantly our son’s needs. He worked relentlessly while leading an incredible team to prove innocence. Faith in the justicial system and belief that a wrongful charge would not define a person are two of the many core values of Marshall that make him an exceptional person. Attorney Griffin argued with determination and commitment that we will be eternally grateful for.- Linda -
"Would recommend him to anyone."
Attorney Marshall recently represented my son in a legal matter. He was very understanding, patient and displayed a level of professionalism that surpassed expectation. Would recommend him to anyone.- Karen -
"I wholeheartedly endorse the Griffin Law Firm!"
I hired Mr. Griffin after I got a urinalysis result that I knew was wrong. Right from the start, he believed me and was willing to fight for me. In the end, with the expert counsel from Mr. Griffin, we beat the urinalysis and I was able to continue my career and my life. I wholeheartedly endorse the Griffin Law Firm!- William -
"Very lucky when I found The Griffin Law Firm"
I was looking online for an attorney who was specializing in military law regarding Survivor Spouse Benefit. I spoke with a few of them and have been told that my case is complicated. I didn’t feel like they were knowledgeable enough in this specific area of law or were willing to help.
I considered myself very lucky when I found The Griffin Law Firm. During our first conversation Marshall made me feel like I was talking to a good friend who I can trust. He clearly saw the problem and told me right away what he will do to resolve it. Marshall’s high professionalism, prompt acting, quick responsiveness, and willingness to help are outstanding. I greatly appreciate Marshall’s help and will recommend him to anyone who will be looking for knowledgeable and caring military lawyer.- Lana -
"The best person to have on your side."
CDR Griffin is a consummate professional and a rare gem in the sometimes shady and “who you know” world of law. His integrity and keen ability to look at all the facts and sort through what is or is not relevant sets him above others. His dedication to his faith, family and profession is evident in all aspects of his life enabling him to be the best person to have on your side.
His extensive experience with military and maritime law make him the right choice for your needs. No matter how complex my situation became, Marshall was able to explain the different approaches from all angles as a direct result of his experience as a Commanding Officer and Military/Civilian attorney.
If your considering legal advice or representation Marshall should be your first call. I will continue to use him without hesitation in the future.- Joseph
