Military Defense Attorney for Article 130 Stalking
Article 130 is the military statute criminalizing stalking. The Uniform Code of Military Justice (UCMJ) describes the types of illegal behaviour under Article 130 which constitute stalking. Broadly speaking, stalking involves repeated behavior which causes another person to have reasonable fear of bodily harm, sexual assault, or death. Previous versions of the UCMJ categorized stalking under Article 120, the statute which prohibits various kinds of sexual misconduct. Under Article 130, military prosecutors do not need to prove that the alleged conduct was of a sexual nature.
Any service member, whether active duty or reserve, can face prosecution at court-martial for an Article 130 offense. Alleged victims of Article 130 offenses can be civilian or military. Like all violations of the UCMJ, Article 130 offenses are serious and require a vigorous defense to protect the rights of the accused. Service members who are convicted under Article 130 will face strict punishments in accordance with the UCMJ.
If you are facing court-martial for an Article 130 charge, the services of a military defense attorney can greatly improve the outcome of your case. Prosecutors can aggressively pursue the charges against you, and an experienced military lawyer knows the best ways to scrutinize their evidence and challenge the prosecutor’s case.
What conduct falls under Article 130 Stalking?
Article 130 contains several qualifications which define stalking. Any service member who engages in a course of conduct toward a specific person, their intimate partner, or their immediate family which would reasonably cause any of those people to fear bodily harm, sexual assault, or death may be found guilty of Article 130 Stalking at court-martial.
Article 130 establishes that the accused service member has or should have the knowledge that his or her behavior would cause a victim to fear being harmed. To qualify as an Article 130 offense, the UCMJ explains that the alleged harmful behavior must have happened repeatedly, meaning at least twice. The types of conduct which fall under Article 130 include but are not limited to:
- Written threats
- Verbal threats
- Implied threats
- Physical or visual proximity
Article 130 requires prosecutors to prove that accused service members engaged in a pattern of illegal behaviors which collectively constitute stalking. Strong arguments from an experienced military defense attorney can dismantle the prosecution’s claims and help to achieve a favorable ruling.
Punishment under Article 130 Stalking
Under the UCMJ, service members who are convicted of an Article 130 violation face many punishments which can include a maximum of:
- Dishonorable discharge
- Forfeiture of all pay, benefits, and allowances
- 3 years imprisonment
These consequences are serious for any service member facing an Article 130 charge. Service members who are convicted at court-martial will face a long string of challenges ahead of them. Convicted service members lose their right to own a firearm, and they will likely struggle to find employment in civilian life. A strong military defense attorney can greatly help you avoid some of the struggles and hardships which would result from a conviction.
Hire the Services of an Experienced Article 130 Stalking Defense Attorney
Service members who are facing an Article 130 charge should strongly consider hiring the services of Joseph L. Jordan, Attorney at Law. Facing court-martial for an Article 130 charge can be difficult, and you should not have to endure it alone. Many military prosecutors have overseen countless cases before yours, and that experience works to your disadvantage. You should seek representation from an experienced attorney who can help turn the tide in your favor.
Joseph Jordan has years of experience fighting and winning cases at court-martial. He is a former Army Judge Advocate with a long history of defending service members who have faced Article 130 charges. We will fight to make sure your rights are protected, and we will work hard to secure a better outcome for your case.