Military and Veterans Law Center of San Diego, CA

Violent Crimes

A conviction of a violent crime can have very detrimental consequences for both a civilian and a US military member. For civilians, a conviction of a violent crime such as assault, aggravated assault, or robbery can result in restitution, probation, hefty fines, and a lengthy prison sentence followed by parole. A felony conviction removes your right to vote, among other things.

A violent crime conviction for a member of the armed forces can be even more serious, with penalties such as dishonorable discharge, confinement in the brig, and loss of all salary and benefits. If you are a member of the military facing a charge for a violent crime and are currently residing in the San Diego area, don’t hesitate to call the Law Offices of Stephen Brodsky

Crime is Treated Differently in the Military

Because they served this country, military personnel are held to a much higher standard than a civilian when it comes to conducting themselves. For this reason, the US military takes accusations of violent crime among their service members very seriously. A prosecutor will seek to convict you as soon as possible to avoid a potential public relations nightmare. Don’t let yourself get caught in the crossfire!

Violent crimes are tried under UCMJ Articles 118, 119, 122, and 128 depending on the type of offense. Conviction under any of these carries a stiff penalty that can not only deprive you of your freedom but also ruin your reputation, thus affecting your ability to find employment and qualify for government programs. You can also lose your benefits, negatively affecting your family’s ability to collect during your incarceration. If you are a service member accused of a violent crime residing in the San Diego area, you need experienced legal help, such as that offered by the Law Offices of Stephen Brodsky


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    Types of Violent Crimes

    Violent crimes include but are not limited to the following offenses: assault, aggravated assault, manslaughter (both involuntary and voluntary), domestic violence, robbery, sexual assault, rape, and murder (both first and second degree).

    Article 118 of the UCMJ deals specifically with crimes of murder. A crime of murder has been committed when the killing of a human is unlawful, meaning done without justification or reason. A murder charge can happen when any of the following occur: a certain named person is dead, death resulted from either an act perpetrated by the offender, or omission of action by the accused (allowing someone to die intentionally). This can also include intent to kill or death resulting from an intentional act committed by the offender. The maximum punishment for a murder conviction is death. A murder conviction carries a mandatory minimum life sentence with the possibility for parole.

    Under the UCMJ, robbery is defined as any time a service member takes anything of value from a person or in the presence of another against their will. It can be by using force, violence or intimidation of immediate or future injury to the person or property or a relative of the person at the time of the robbery. Robbery is tried under Article 122, which is different from larceny tried under Article 121. Punishments for a robbery conviction can include dishonorable discharge, loss of salary, and 10 years confinement. If the robbery was committed with a dangerous weapon such as a firearm, confinement is increased to 15 years.

    Assault and aggravated assault are tried under Article 128 of the UCMJ. Assault occurs when the accused attempted or offered to do bodily harm and that this attempt or offer was made unlawfully. Aggravated assault occurs when the accused does bodily harm and that bodily harm was committed using violence or unlawful force.

    Don’t Fight This Alone

    Fighting a violent crime charge is especially tricky for service members because an overworked or inexperienced attorney will often settle for a deal in exchange for a guilty plea or push for a confession from the accused. A conviction of even a lesser charge can irreparably damage your reputation and cost you your freedom.

    Stephen Brodsky is a retired member of the armed forces with almost 3 decades of experience defending cases just like yours and is ready to fight for you. If you are a military member in the San Diego area that needs a team to look out for you or your family’s best interest, call today!