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.

Category: Military Success Stories

Marine Avoids Lengthy Confinement Time and Sex Offender Registration

A Lance Corporal in the U.S. Marine Corps was initially charged with eight (8) specifications of child pornography possession, distribution,  and viewing.  Later, the USMC charged him with five (5) specifications of Sexual Abuse of a Child and one (1) specification of Attempted Sexual Abuse of a Child.  All together, the charges against our client carried the possibility of almost 200 years of confinement.  At the Article 32 hearing, our cross-examination of the NCIS agent demonstrated the weakness of the government’s case on the child pornography charges.  Using that as leverage, we negotiated a plea agreement with the government where our client accepted responsibility for Abusive Sexual Contact with a minor (for sending sexually explicit texts and emails).  In exchange, the government agreed to Withdraw and Dismiss With Prejudice all remaining charges against our client.  He was sentenced to “time served” and released from confinement that day.  While he did receive a punitive discharge, he will not have register as a sex offender in his home state.

Category: Military Success Stories

Rape Charges Against Air Force E-4 Withdrawn and Dismissed

Our client was charged with raping/sexually assaulting his wife.  Immediately following the alleged incident, our client’s wife went to the hospital where medical personnel treated her for an injury in her vaginal area.  In addition, our client allegedly made statements admitting that he raped his wife to his best friend and to a marital counselor.  JAG Defense was retained after the Article 32 hearing and after charges had been referred to trial by General Court-Martial.  Our investigation identified numerous inconsistent statements by our client’s ex-wife, as well as multiple motives to fabricate her allegations, to include adulterous relationships and her identity theft/credit card fraud using our client’s identity.  Armed with this information, we were able to negotiate an alternate disposition on behalf of our client, which included the government’s agreement to WITHDRAW and DISMISS all charges against our client – No Conviction, No Sex Offender Registration, No Confinement, and No Punitive Discharge.  Further, we were able to negotiate a General (Under Honorable Conditions) characterization for our client, which guarantees his continued eligibility for Veterans’ Benefits.

Category: Military Success Stories

Sexual Assault Charges Withdrawn and Dismissed Against Coast Guard Petty Officer

Coast Guard E-5 was charged with sexually assaulting a female co-worker.  After excessive drinking at an off-base party, our client was videotaped and photographed with the alleged victim in the bathroom, helping her to stand and holding her hair back while she vomited.  There were also pictures of the alleged victim passed out with her head on the toilet.  After numerous people assisted in carrying the alleged victim to a guest bedroom, our client returned to the party.  Approximately 20 minutes later, our client was found in the alleged victim’s bed with her.  Neither of them were wearing pants.  The next morning, the alleged victim had no recollection of our client being discovered in her bedroom.  Our client was charged with sexual assault and attempted rape due to the alleged victim’s intoxication level.  Despite the significant evidence against our client, JAG Defense was successful in negotiating a pretrial agreement wherein the sexual assault charges against our client were WITHDRAWN and DISMISSED.  Result: No punitive discharge and no sex offender registration.

Category: Military Success Stories

Sexual Assault Charges Dropped Against Army E-6

Our client was a Platoon Sergeant accused of sexually assaulting numerous junior female Soldiers within his Platoon, as well as kidnapping.  The fact that there were multiple female Soldiers independently making very similar allegations against our client created a very difficult and dangerous situation for our client.  Our client was facing a sex offender registration, confinement for life, and a dishonorable discharge.  Through lengthy negotiations with the chain of command, we were able to convince the Commanding General to WITHDRAW and DISMISS the most serious charges against our client, including the sexual assault and kidnapping charges.  Our client pleaded guilty only to assault and battery and having inappropriate relationships with female Soldiers in his Platoon.  Result: Our client will serve only 50 days of confinement, and will not have to register as a sex offender.

Category: Military Success Stories

Military Sexual Assault and Sexual Harassment Charges Dropped Against Navy E-7

Navy E-7 was charged with the sexual assault and sexual harassment of 3 junior Sailors in his division.  If convicted, our client was facing the possibility of confinement and a punitive discharge, and would have had to register as a sex offender.  Through JAG Defense’s pretrial investigation and negotiations, we were able to convince the chain of command to WITHDRAW AND DISMISS ALL CHARGES against our client.  Instead, he accepted Nonjudicial Punishment for his admitted simple assault of 1 of the females, thereby avoiding a federal criminal record, confinement, and a sex offender registration.

Category: Military Success Stories

USMC E-4 Rape Charges Withdrawn and Dismissed

USMC E-4 engaged in consensual sexual activity with a fellow Marine while she was TDY for a school, who happened to be engaged to be married.  Following their sexual encounter, the female Marine PCSed to her permanent duty station.  The two continued to keep in touch via text messaging, to include friendly and flirtatious messages with each other.  When the female Marine’s fiancé discovered the text messages, however, he became upset.  Thus, over four months after it happened, the female Marine claimed that the sexual activity that occurred with our client was actually a “rape.”  Charges were referred to trial by General Court-Martial, where our client faced the possibility of confinement for life, a dishonorable discharge, and a sex offender registration.  Prior to trial, the defense presented evidence of the friendly text messages, her motive to fabricate, and numerous inconsistent statements, yet the chain of command did not halt the court-martial proceedings.  During our continued pretrial investigation, we uncovered information that our client was not the only Marine with whom the alleged victim engaged in sexual activity while attending the course.  We submitted notice to the trial counsel, and to the alleged victim, that the defense intended to present evidence of these incidents of sexual activity with other Marines, including asking her (now) husband about them.  The very next day, the alleged victim sent a letter to the convening authority declining to participate in any further judicial proceedings against our client.  The charges against our client were subsequently WITHDRAWN AND DISMISSED, meaning our client will not even have to go through the stress and anxiety of a court-martial to clear his name.

Category: Military Success Stories

Rape Charges Against Air Force Officer Withdrawn/Dismissed

Air Force O-3 was accused of breaking into a female officer’s house and raping her.  At the ensuing Article 32 hearing, we aggressively cross-examined the alleged victim, highlighting many aspects of her testimony that impeached her credibility, including (a) her multiple motives to fabricate, (b) numerous inconsistent statements, and (c) the sheer incredibility of her story.  Further, we presented the eyewitness testimony of the alleged victim’s roommate, who testified that the alleged victim was actually on top of our client during the sexual intercourse.  Despite the significant problems with the government’s case that we exposed, the Convening Authority still referred the charges to a general court-martial, where our client faced the possibility of life in prison, a dismissal from the Air Force, a federal conviction, and a lifetime sex offender registration.  Prior to trial, JAG Defense negotiated an alternate disposition on behalf of our client, which resulted in administrative action for Unlawful Entry and Conduct Unbecoming an Officer and Gentleman.  Against the advice of his Staff Judge Advocate, the Convening Authority accepted our proposed resolution of the case.  Result: All court-martial charges WITHDRAWN AND DISMISSED WITH PREJUDICE.  No confinement, no conviction, no dismissal from the Air Force, and no sex offender registration.

Category: Military Success Stories

Sexual Assault Charges Withdrawn and Dismissed Against Sergeant of Marines

USMC E-5 was placed into pretrial confinement based upon 14 charges of sexual assault of a junior female Marine, as well as a myriad of unrelated charges.  The client retained the military attorneys of JAG Defense to represent him.  Immediately upon being retained, JAG Defense began investigating the allegations of sexual assault, uncovering a critical witness unknown to NCIS or the prosecution who spoke with the “victim” only minutes after the alleged sexual assault.   Following our discovery of this exculpatory witness, we made repeated demands for a speedy trial.  At our client’s Article 32 hearing, our aggressive cross-examination of the “victim” highlighted numerous inconsistencies in her story, established a motive to fabricate the allegations against our client, and trapped her in a blatant lie during her sworn testimony, which she was forced to admit under oath.  In addition, we presented the testimony of the exculpatory witness, who testified that immediately following the alleged sexual assault, the “victim” was excited, happy, and bragging that she had fooled around with our client.  Following the Article 32 hearing, we convinced the Commanding General to WITHDRAW AND DISMISS all sexual assault charges against our client in exchange for guilty pleas to the other unrelated charges.  Result: Our client was released from confinement with time served and avoided having to register as a sex offender.

Category: Military Success Stories

Officer Member Panel Finds Air Force E-7 Not Guilty of All Sexual Assault Charges

Air Force E-7 was charged with raping an Army E-3 while both were TDY to Germany. At his subsequent General Court-Martial, we dissected the alleged victim’s actions both before and after the alleged rape, establishing her consent to all sexual activity that took place that evening. In addition, we presented expert testimony regarding the effects of alcohol on the alleged victim’s ability to consent and make decisions throughout her interaction with our client. Result: Our client was ACQUITTED of the charge against him. 

Category: Military Success Stories