MILITARY LAW BLOG

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Article 120: What’s the Difference Between Sexual Assault and Sexual Contact?

The military takes all sex crimes very seriously. Article 120 of the Uniform Code of Military Justice (UCMJ) outlines specific definitions and consequences for different types of sexual misconduct, including sexual assault and sexual contact. If you have been charged with an Article 120 violation, the information here will help you understand exactly what you’ve … Read more

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What Happens If You’re Accused of Sexual Assault in the Military?

Facing sexual assault accusations in the military is a profound situation with far-reaching consequences for your career, reputation, and personal life. Understanding the legal process, the potential punishments, and steps to defend yourself against such claims is crucial. Here’s what to expect if you’re accused of sexual assault under the Uniform Code of Military Justice … Read more

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The Army’s Quest for “Yes Men”: A Concerning Trend in Military Defense

The recent firing of Brig. Gen. Wells from the newly created position of top prosecutor to handle sexual assault and misconduct cases has raised eyebrows and sparked concerns within the legal community. The decision to remove Wells, made by the Army Secretary within hours of receiving an email Wells sent 10 years ago, paints a … Read more

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What is the Military’s Version of Miranda Rights?

The phrase “You have the right to remain silent” has become synonymous with arrests, thanks to countless portrayals in films and television. The right to remain silent is a powerful one, both in civilian and military contexts. It’s one of the Miranda rights granted to arrested civilians, making it a crucial part of the US … Read more

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Can You Join the Military with a Misdemeanor?

When it comes to military enlistment, the criminal background check holds significant weight. Joining the US Military, revered for its high ethical and moral standards, calls for thoroughly vetting every applicant’s history. Such rigorous scrutiny may have you wondering—can a misdemeanor on your criminal record ruin your military ambitions? The short answer is that a … Read more

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What is the Statute of Limitations for Article 120 of the UCMJ?

Understanding statutes of limitations can be complicated, especially when it comes to the military’s Uniform Code of Military Justice (UCMJ). Yet, it’s crucial to realize your legal accountability as a service member accused of a crime. Let’s demystify the statute of limitations for Article 120 of the UCMJ to give you a better understanding of … Read more

A handcuffed soldier behind the bars against a black background. Concept: court martial, refusal to mobilize, crime in the army

What to Do If Falsely Accused of Military Sexual Assault

The Uniform Code of Military Justice (UCMJ) is a strict and complex system governing the lives of United States service members. Accusations of military sexual assault under Article 120 of the UCMJ can devastate your career and reputation. While being falsely accused is a distressing experience, it’s crucial to keep a level head. If you’re … Read more

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Why Does the Military Have its Own Court System?

The military has stood as a unique entity for centuries, with its own rules, regulations, and even a distinct court system. But why? While the idea of having a separate court for service members might appear unnecessary at first, understanding its historical underpinning, current relevance, and future importance paints a clear picture. Are you a … Read more

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What Do the Latest Changes to Military Sexual Assault Prosecution Mean?

A tremendous shift recently occurred in the US military justice system, one that is set to reshape how cases involving sexual assault, among other serious offenses, are handled. This historic change primarily aims to address longstanding concerns and improve trust in the system. But what do these reforms entail, and how do they impact you … Read more

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What Happens When You Disobey a Military Order?

Every military service member takes an oath to obey orders from the President of the United States and the officers appointed over them. This promise is not a mere formality. Rather, it serves as a cornerstone of military discipline. So what happens if a service member fails to uphold this oath by disobeying a direct … Read more

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Can You Rejoin the Military After Being Discharged?

Are you considering rejoining the military? Perhaps you miss the camaraderie or want to reenlist for financial, insurance, or other reasons. Your ability to reenlist after being discharged depends on several factors, including the type of discharge you received, the reason behind your discharge, the military reenlistment eligibility code on your discharge documents, and the … Read more

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What Is the Punishment for Wrongful Appropriation?

Wrongful appropriation, as defined under Article 121 of the Uniform Code of Military Justice (UCMJ), occurs when a person unlawfully takes, obtains, or withholds money, personal property, or an item of value from another person’s possession. This act is differentiated from larceny by the perpetrator’s intention. In wrongful appropriation, the intent is to temporarily deprive … Read more