Military Criminal Defense: Nationwide Representation
The Law Offices of Haytham Faraj, PLLC
Members of the Armed Forces face real challenges if accused of any criminal offense. The careful management of the defense case by a highly qualified military criminal defense attorney can make the difference between years of incarceration and freedom. The attorney at The Law Offices of Haytham Faraj, PLLC has achieved many notable victories in difficult cases, and has never lost a case for any of his military clients. Find out more about the types of cases the firm handles:
There has been an increase in the numbers of cases of criminal accusations of sexual assault, rape and other types of serious sexual crimes. Even charges that are completely unfounded must be addressed with a great deal of experience and legal acumen.
Whether you are facing a general court martial, summary court martial, or special court martial, it is imperative that you have legal representation with the highest level of legal skill. The impact of a conviction can last a lifetime, completely destroying your future opportunities and freedoms.
Courts Martial Appeals
If you have been convicted in a court martial and justice was not served, you have the right to appeal. There are very abuses of the military justice system that may have led to a wrongful conviction. Whether these include factual errors that were presented to the court, violations of court procedures, abuse of authority or there has been a misunderstanding or misapplication of the UCMJ, the firm can help you seek justice.
If you are being separated from the military due to a conviction or other legal matter, you need to ensure that you have legal representation at the Administrative Discharge Hearing. The type of discharge you have on your record will have a significant impact on your future. If you have gotten an adverse decision from the ADB, an appeal could be filed on your behalf.
The conviction rate in military court is extremely high. Drug offenses are heavily punished and those who face the consequences without highly skilled representation can have their military career destroyed, and suffer a long term of incarceration, based upon the type and amount of the drug involved.
The Uniform Code of Military Justice (UCMJ) under Article 128 outlines the various types of assault and charges. These include simple assault, aggravated assault, and assault and battery on a minor. If you are accused of any level of assault, the consequences can be extensive if convicted.
A criminal accusation of battery could include unwanted touching, or more violent acts. The prosecutor will be developing a case that establishes the intent and the act that resulted in harm. There are also cases in which battery charges are filed when the harm against another person is believed to have taken place indirectly through some act (slashed tires, equipment tampering, etc.).
One of the most dangerous of all charges in military court is the accusation of being involved in a murder or committing murder, whether in the combat arena or other situation. The penalties imposed in military court when convicted include death, or life in prison.
Are you facing criminal accusations that you illegally sold weapons can lead to extremely severe consequences. Should it be claimed that these weapons were sold to the enemy, a conviction can mean a death sentence for aiding the enemy.
Crimes of theft such as money, person property or any item of value, or cases involving fraud are heavily punished under the UCMJ. A court martial will direct the punishment imposed upon the convicted individual, which can vary based upon the details of the case.
Stealing assets, or engaging in illegal actions to launder money, or conceal the source of funds is a serious criminal offense. These crimes include drug dealing, racketeering, failing to report cash transactions and other crimes including smuggling, contraband, bribery, piracy and others.
There are a great number of crimes involving the internet that could lead to a court martial, including a range of fraud offenses and possession of child pornography. When accused of any crime in which the computer based evidence is the basis for the accusation, you need an attorney that has the resources and skill to help you to defend against the charges in both military and civilian courts.
Under Article 111 of the UCMJ, any person found to have been under the influence of alcohol or drugs (substances listed in Article 112a) while operating vehicle, aircraft or vessel will face a court martial and if convicted, and could face heavy punishment, loss of status and other penalties.
There are a great range of fraud crimes that could be filed against a member of the military, including internet fraud, bank fraud, credit card fraud, identity fraud, insurance fraud, and others. Whether the charges are filed in military or federal court, the situation is extremely dangerous, with heavy penalties imposed in a conviction.
Officers are held to a higher standard in the military, and officer misconduct is a serious charge that could lead to either a court martial, non-judicial punishment, a board of inquiry or detachment. Military careers have been permanently compromised or destroyed by a conviction in an accusation of officer misconduct.
The United States Military Code of Conduct restricts members of the Armed Forces from accepting parole from the enemy. This is considered to be accepting special favors, and is heavily punished in a conviction.
Orders Violations & Dereliction of Duty
If you are accused of violating a lawful general order or regulation or dereliction of duty it is vital that you have legal representation that can take action for your defense. In order to be found guilty of one of these offenses, it must be proven that you had actual knowledge or the order, and many cases in which an individual is convicted are based solely upon circumstantial evidence.
Article 134 Offenses
Article 134 of the UCMJ is the “punitive articles” of the code. There are a wide range of offenses that can result in a court martial. The type of crime will determine whether the court martial will be a summary court martial, special court martial or general court martial.
Violations of The Geneva Convention and other offenses can be charged as a war crime, as well as crimes such as rape, murder, or other violations. The Law of Armed Conflict outlines the regulations in the combat arena. Good soldiers will face heavy consequences if convicted of any war crime. The firm has successfully defended military clients accused of serious war crimes.
Contact The Law Offices of Haytham Faraj, PLLC and speak to our military criminal defense attorney for more information about defending your case.