Arizona Military Criminal Lawyers

Arizona Military Criminal Lawyers

If you are a member of the military and facing criminal charges in Arizona, it is important to understand your rights and options. An experienced military criminal defense lawyer can help guide you through the complex military justice system and build the strongest possible defense for your case.

Military criminal law is a unique area of law. The procedures and potential consequences for a conviction are very different than the civilian criminal justice system. This article provides an overview of military criminal law in Arizona and how a dedicated defense lawyer can assist you.

The Military Justice System

Each branch of the armed services has its own criminal code that prohibits certain conduct. Some of the most common offenses include:

• AWOL or desertion
• Disobeying orders
• Disrespecting superiors
• Drug use and distribution
• Sexual assault and harassment
• Larceny or theft

If accused of a crime, you will face court-martial proceedings instead of a civilian trial. There are 3 types of courts-martial:

1. Summary Court-Martial – for minor misconduct, no confinement
2. Special Court-Martial – misdemeanors, max 1 year confinement
3. General Court-Martial – felonies, max life imprisonment or death

Military trials operate much faster than civilian courts. You could go from charges to a conviction in a matter of weeks. It is critical to have an experienced military defense lawyer on your side from the very beginning.

Why Hire a Military Criminal Lawyer?

Navigating the military justice system is complex. A conviction can end your military career and impact the rest of your life. An aggressive defense lawyer understands the unique rules and proceedings and how to protect your rights. Benefits of hiring a military lawyer include:

• Fighting to get charges dismissed or downgraded
• Guiding you through the investigative process
• Identifying procedural errors to weaken the prosecution’s case
• Obtaining experts to review forensic evidence
• Negotiating a plea deal if in your best interest
• Strong representation if your case goes to trial

Military trials move quickly, so you need counsel who can respond urgently. Many civilian criminal lawyers simply don’t have the background or availability to handle military cases effectively.

Finding the Right Military Criminal Lawyer in Arizona

Not all military defense attorneys are equal. When researching lawyers, look for these important qualifications:

• Military Background – Experience as a JAG officer provides valuable insight into the military justice system.
• Court-Martial Experience – Handling trials, appeals, boards, etc. A history of success is ideal.
• Local Office – A lawyer near your base makes communication and meetings easier.
• Military-Only Practice – Focusing solely on military law leads to better results.
• Good Client Reviews – Look for consistently positive feedback from past clients.

The stakes are high in a military criminal case, so you want a lawyer with the skills and dedication to build the strongest defense. Carefully vet any attorney before agreeing to representation.

How a Military Lawyer Can Defend You

An experienced military defense lawyer will use every tool at their disposal to fight the charges and protect your future. Common strategies include:

• Analyzing if the military has jurisdiction over the alleged crime.
• Pinpointing illegal searches, coerced confessions, or other constitutional violations.
• Interviewing witnesses and visiting the crime scene.
• Consulting with independent forensic experts to review evidence.
• Researching if similar charges have been dismissed based on legal precedents.
• Negotiating with the prosecution for reduced charges or sentencing.
• Filing motions to have evidence thrown out.
• Mounting an aggressive defense if your case goes to trial.
• Raising mitigating factors to lessen penalties if convicted.
• Exploring appeals if you are found guilty.

This is just a sample of the strategies an experienced attorney may use to protect your rights and future.

Common Arizona Military Crimes and Defenses

The following are some of the more frequent military offenses and options for building a strong defense:

Drug Crimes

All branches prohibit drug use and possession. Even marijuana is illegal for military personnel in Arizona despite being legal under state law. Defenses can include:

• The drugs were not actually in your possession or control [1].
• You had a valid prescription for the drugs [2].
• The search that found the drugs was unlawful.
• The lab tests confirming the nature of the drugs were flawed.

Sexual Assault

These allegations must be taken very seriously. However, false accusations do happen, and an attorney can identify inconsistencies and credibility issues with the accuser or witnesses to fight the charges. Other defenses include [3]:

• The alleged victim consented to the sexual contact.
• Mistaken identification of the perpetrator.
• You had a reasonable belief the alleged victim consented.

AWOL/Desertion

Leaving your assigned post or disappearing from duty can lead to serious consequences. Defenses may include:

• You had permission or were unaware you were considered AWOL .
• There were compelling circumstances like a family emergency.
• You intended to return but circumstances prevented it.
• The AWOL was brief and caused minimal disruption.

Disrespecting/Disobeying Superiors

You have rights to defend yourself against these allegations. Strategies may include:

• Your words or actions were not actually disrespectful in context.
• You had a lawful reason for disobeying an order.
• The superior provoked you or acted inappropriately first.
• You were unaware the individual was a superior officer.

Sentencing Mitigation

If you are convicted at court-martial, an experienced military lawyer can present evidence and arguments to lessen your penalties. Mitigating factors may include :

• Your record of outstanding service and accomplishments
• Any mental health conditions that influenced your behavior
• Family responsibilities and hardships
• Expression of remorse and commitment to rehabilitation
• Unfair treatment or lack of support from your command
• Awards for valor, injuries sustained, etc.

This is just a brief overview of how an aggressive military defense lawyer can protect your rights and future in an Arizona court-martial. Every case is unique, so consult with an attorney to discuss the details of your situation and develop a customized defense strategy.