Florida Military Defense Attorney
Skilled Military Defense Lawyer Serving Norfolk
If you are a member of the armed forces, you are subject to the Uniform Code of Military Justice (UCMJ). This is the military's set of laws and regulations that govern the actions of its members. If you are accused of a crime, you may be facing court-martial proceedings. You may also be facing criminal charges under civilian law if you broke a state law while you were on active duty. Either way, you need a Florida military defense lawyer on your side.
The Griffin Law Firm, PLLC is proud to offer military defense services to those facing military charges in Norfolk and the surrounding areas. Our military defense lawyer has extensive experience practicing law in the military justice system. We have a flawless perfection record in military divorce cases and we have managed to get many charges dropped for our clients. If you are facing serious charges, we can help.
Call (888) 707-4282 now or contact us online to schedule a free consultation with our Florida military defense lawyer.
What to Expect in Court-Martial Proceedings?
A court-martial is a trial conducted by military officers to determine whether a service member has violated the UCMJ. If you are facing a court-martial, you may be facing serious consequences. If you are convicted, you may be dishonorably discharged, required forfeiture of pay, and confinement. You may also be facing civilian criminal charges.
The military court system is different from the civilian court system. The rules of evidence are different and there is no right to a jury trial. The military will appoint a military lawyer to represent you. However, that lawyer may not have the experience necessary to get the charges dropped or the sentence reduced. You need an experienced military defense attorney on your side.
What are the Potential Consequences of Criminal Convictions for Service Members?
If you are convicted of a crime, you may be facing the following penalties:
- Restitution: Restitution is the payment of money to the victim to cover the cost of the crime. Restitution may be a large sum of money that you cannot afford to pay.
- Probation: If you are placed on probation, you may be required to complete community service hours and/or counseling. If you violate the terms of your probation, you may be facing more criminal charges.
- Jail Time: If you are convicted of a misdemeanor, you may be facing up to 12 months in jail. If you are convicted of a felony, you may be facing up to 5 years in jail.
- Dishonorable Discharge: A dishonorable discharge is one of the most severe penalties in the military and can result in the loss of benefits, including veterans’ benefits and post-service healthcare.
- Reduction in Rank: A conviction can lead to a reduction in rank, which may impact pay, responsibilities, and future career opportunities in the military.
- Loss of Pay and Benefits: Convictions can result in the forfeiture of pay, allowances, and military benefits, including retirement benefits.
What is the Military Criminal Defense Process?
The military criminal defense process is a unique legal procedure that is vastly different from civilian criminal law. Remember that, when you face military criminal charges, you are subject to the UCMJ. Below is an overview of the military criminal defense process and how our Florida military criminal defense lawyers can help you at each stage.
- Investigation and Charges: When a service member is accused of a crime, the military will conduct an investigation to gather evidence and determine whether charges should be filed. This investigation is typically handled by military police or investigative agencies such as the Criminal Investigation Division (CID) or the Naval Criminal Investigative Service (NCIS).
- Preliminary Hearing or Article 32 Investigation: Once charges have been filed, an Article 32 investigation may be conducted. This hearing is similar to a grand jury proceeding in civilian criminal law, where a neutral investigating officer will determine whether there is sufficient evidence to proceed to trial. Depending on the circumstances, the investigating officer may recommend dismissal, reduction of charges, or further investigation.
- Non-Judicial Punishment (NJP): In some cases, the military may impose non-judicial punishment (NJP) for minor offenses instead of proceeding to a formal court-martial. NJP is typically handled by the service member’s commanding officer and may include penalties such as extra duties, reduction in rank, forfeiture of pay, and restrictions on movement.
- Court-Martial: For more serious offenses, a court-martial may be convened to determine guilt and punishment. There are three types of courts-martial:
- Summary Court-Martial: This is used for less serious offenses and is typically heard by a single officer. The maximum penalty is usually confinement for up to 30 days, reduction in rank, and forfeiture of pay.
- Special Court-Martial: This court handles intermediate-level offenses, such as assault or theft, and is heard by a panel of military members. Punishments can include up to one year of confinement, dishonorable discharge, and loss of benefits.
- General Court-Martial: The most serious court-martial, this type is reserved for grave offenses such as murder or sexual assault. The accused is tried by a panel of officers, and the potential penalties include significant prison time, dishonorable discharge, and loss of benefits.
- Appeals: If convicted, service members have the right to appeal their conviction or sentence. The appeal process in the military involves higher courts, including the Court of Criminal Appeals for each branch of the military and the United States Court of Appeals for the Armed Forces (CAAF).
Our Florida military criminal defense lawyers will assist with the process, working to identify any legal errors made during the trial and advocating for the reduction of charges or the reversal of the conviction. We will ensure that your case receives a thorough review and that your legal rights are fully represented.
How to Defend Against Military Criminal Charges?
When facing military criminal charges, having California military criminal defense lawyers who are well-versed in the UCMJ is crucial. Our attorneys bring valuable experience defending service members in both court-martial and NJP proceedings, offering strategic defenses tailored to each case. Defenses such as mistaken identity, lack of evidence, violation of constitutional rights, and self-defense are commonly used to challenge charges. We work to show that you were not involved in the alleged crime or that there was insufficient evidence to support the prosecution’s case.
Additionally, we can argue lack of intent, coercion, or duress if the crime was committed under pressure or without criminal intent. If mental health issues played a role in the alleged offense, we can present a defense showing that your capacity to understand the wrongfulness of your actions was impaired. Our goal is to ensure that your rights are protected and to secure the best possible outcome in your case.
Protect Your Military Career with The Griffin Law Firm
If you're a member of the military facing criminal charges in Florida, don't face the legal process alone. Contact The Griffin Law Firm to schedule a consultation with an experienced Florida military crimes defense lawyer. We are here to fight for your rights and provide the strong defense you deserve. Your military career and future are on the line – let us help you protect them.
Contact The Griffin Law Firm today by calling (888) 707-4282 for a strong military defense in Florida.
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
