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Attempted Murder and Rape Charges Dismissed
A Navy Sailor was charged with attempted murder, aggravated assault and rape following an altercation with his girlfriend. The charges included allegations that he punched, strangled, and smothered his girlfriend before slamming her head into the floor until she lost consciousness. The girlfriend then claimed that the Sailor raped her while she was unconscious. During the incident, the girlfriend managed to call a friend's voicemail, which captured the audio of the Sailor yelling and making threats, as well as the sound of a physical altercation. There was also significant DNA and other forensic evidence collected by NCIS, as well as witnesses who heard the physical altercation. After being charged by the Navy and while awaiting a court-martial, the Sailor was involved in a second altercation with a different girlfriend, which led to additional charges of aggravated assault. The Sailor was facing the possibility of life imprisonment and a sex offender registration. Prior to JAG Defense involvement, the most favorable pretrial offer from the prosecution was that the Sailor had to plead guilty to all charges in order to receive a confinement cap of 12 years. The Sailor's family hired JAG Defense to represent him at his court-martial. Over a period of months, JAG Defense negotiated an initial pretrial deal where the government agreed to dismiss the attempted murder charge and all but one assault charge for each victim. The government intended to attempt to prove the rape charge. During the course of our preparation to contest the rape charge, JAG Defense uncovered DNA evidence that was extremely damaging to the government's case and definitively proved that the victim had lied about the sexual assault. As a result, the government dismissed the rape charge the night before the Sailor's court-martial was to begin. Result: Attempted Murder and Rape Charges Dismissed. Client guilty only of lesser assault charges and will be released from confinement in less than a year. No sex offender registration.
Categories: Military Success Stories
Air Force E-3 Retained and Sentence Reduced in Involuntary Manslaughter Court-Martial
Our client was an Air Force E-3 who was riding on his motorcycle with a friend when they were involved in a horrific crash. Regrettably, our client’s friend was killed due to injuries sustained in the accident. As a result of his death, the Air Force charged our client with Involuntary Manslaughter and referred the case to a General Court-Martial. At the court-martial, we successfully suppressed the blood-alcohol tests performed on our client on the night of the accident, resulting in a finding of NOT GUILTY on the charge of Involuntary Manslaughter. Instead, our client was convicted of only Negligent Homicide. In addition, in light of the extremely sympathetic sentencing case we presented, which included the testimony of the victim’s mother and brother in his support, our client was RETAINED at his court-martial.
Categories: Military Success Stories
Air Force E-3 Acquitted of Aggravated Assault Charge Based on Self-Defense
After a night of drinking, an Air Force E-3 stabbed another Airman. At his subsequent court-martial for Aggravated Assault and Underage Drinking, we were able to develop evidence that our client, an Airman small in stature, was under a threat of physical attack from a much larger individual who was substantially intoxicated at the time. We also presented evidence that the alleged victim had a well-known reputation for being a “violent” and “angry” drunk, and had previously assaulted our client. Result: Based upon our overwhelming evidence of self-defense, our client was ACQUITTED of Aggravated Assault. Furthermore, we were subsequently able to convince the Convening Authority in clemency to SET ASIDE our client’s conviction for Underage Drinking.
Categories: Military Success Stories
JAG Defense Negotiated for Naval Officer's Multiple Charges to be Dismissed
A 22-year Naval Officer was charged with attempted murder, reckless endangerment, and destruction of property. These charges were all the result of his admitted cutting of the emergency brake cable and rear brake line on an enlisted member's car. Despite extensive pretrial investigation and negotiations, our client’s command initially refused to withdraw the attempted murder charge. Ultimately, however, we negotiated a pre-trial agreement wherein the attempted murder, reckless endangerment and destruction of property charges were WITHDRAWN and DISMISSED WITH PREJUDICE. In exchange, our client pleaded guilty to a lesser offense of aggravated assault. At the sentencing hearing, the prosecutor requested that the judge impose the maximum punishment allowed under the law – confinement for three years and a Dismissal. We presented an extensive sentencing case for our client that led to the imposition of only three (3) months of confinement, forfeitures of pay, and a reprimand. In addition, our client was not Dismissed at his court-martial and subsequently was able to RETIRE from the U.S. Navy.
Categories: Military Success Stories
Negligent Homicide Charges Withdrawn and Dismissed for Air Force E-3
Air Force E-3 ran over and killed a retiree on Kadena AB and was charged with Negligent Homicide. After extensive pretrial negotiations, we convinced our client’s Commander to WITHDRAW AND DISMISS the charge. Instead, our client received only a Letter of Admonishment for “not driving carefully enough.”
Categories: Military Success Stories
Charges Dropped for Navy E-5 Charged with Aggravated Assault
Navy E-5 was charged with attacking 4 security personnel during an interrogation. At the time he retained our services, our client's command had referred his case to a Special Court-Martial, where he faced up to a year in jail, a federal criminal record, and a punitive discharge. After extensive negotiations with his command, we were able to secure a pre-trial agreement wherein our client's case was handled at a Summary Court-Martial, thereby avoiding a federal criminal record. As part of the pre-trial agreement, we also convinced the command to characterize our client's service as General (Under Honorable Conditions). Result: Our client avoided a criminal record, spent not a single day in confinement, and received a General (Under Honorable Conditions) administrative separation from the military.
Categories: Military Success Stories