West Virginia Military Criminal Lawyers

West Virginia Military Criminal Lawyers

If you are a member of the military and facing criminal charges in West Virginia, it is important to understand your rights and options. An experienced West Virginia 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 legal specialty with its own rules, procedures, and potential consequences. The stakes are high if convicted at court-martial – you could face jail time, demotion, loss of benefits, and a federal criminal record. Having an aggressive defense lawyer on your side is critical.

Types of Military Criminal Charges in West Virginia

Some of the most common criminal offenses we see military personnel charged with in West Virginia include:

• Drug offenses like use, possession, distribution, etc.
• Sexual assault
• Domestic violence and abuse
• DUI/OUI alcohol and drug charges
• AWOL and desertion
• Assault, battery, and other violent crimes
• Larceny, theft, and embezzlement
• Fraud, forgery, and financial crimes
• Disobeying orders
• Adultery and fraternization
• Destruction of property

But really any type of misdemeanor or felony offense can potentially lead to military charges. Our West Virginia military defense lawyers have handled all kinds of cases from minor misconduct to serious violent felonies.

Navigating the Military Justice System

Facing a court-martial or other military charges is daunting. Few civilians – and even fewer service members – truly understand how the military justice system works. Some key things to know:

• The Uniform Code of Military Justice (UCMJ) is the governing legal code for the military.
• Each military branch has its own criminal investigation units and handles charges internally.
• There are several types of courts-martial from summary to general to special.
• Punishments can range from reprimand to prison time depending on the charges.
• Convictions create federal criminal records that follow you for life.

A military lawyer will advise you at every stage – from investigation and Article 32 hearings through courts-martial, appeals, and discharge review boards. Unlike civilian criminal attorneys, they understand the unique rules and procedures of this separate justice system.

Why Hire a West Virginia Military Criminal Lawyer?

Military cases require specialized legal knowledge. A civilian lawyer simply won’t have the background needed to effectively defend you against court-martial charges. There are several key benefits to hiring an experienced WV military defense attorney:

• They understand the UCMJ and military law inside and out.
• They have relationships with military prosecutors and judges.
• They know how to negotiate with military commanders.
• They are familiar with common defense strategies.
• They can advise you on the potential consequences if convicted.

In addition, a dedicated military law firm like ours has the resources to build the strongest possible case. We leave no stone unturned pursuing every possible defense for our clients.

Our Approach to Military Criminal Defense

Every case our West Virginia military defense lawyers handle is different. We carefully assess each case then develop a customized legal strategy. Here is an overview of how we build our defense cases:

• Thoroughly investigate the allegations and charges
• Review all evidence and discovery materials
• Identify weaknesses in the prosecution’s case
• Interview witnesses and gather exculpatory evidence
• Consult closely with the client to hear their side
• Research potential defenses like self-defense, lack of intent, alibi, etc.
• Negotiate for dismissal of charges or lesser penalties
• Aggressively litigate every issue during courts-martial
• Present persuasive opening and closing arguments

We have a proven record of success defending military personnel against all types of criminal allegations in West Virginia. Our firm has won outright acquittals, dismissal of charges, and dramatically reduced sentences in many court-martial cases.

West Virginia Military Courts-Martial

If charges aren’t resolved through plea agreements or alternative dispositions, cases proceed to courts-martial. This is the military equivalent of a civilian criminal trial. West Virginia has several military bases and National Guard armories where courts-martial take place including:

• Camp Dawson (Kingwood)
• 130th Airlift Wing, Charleston
• 167th Airlift Wing, Martinsburg
• 201st Field Artillery, Fairmont
• WV Army National Guard Armories

Courts-martial can be heard by a military judge or jury panel comprised of officers or enlisted personnel. Our military defense lawyers are courtroom-tested. We have represented clients in courts-martial across West Virginia and understand how to argue effectively before military judges and juries.

Types of Courts-Martial in West Virginia

There are three types of courts-martial in West Virginia, each with different rules and maximum punishments:

• Summary Court-Martial – No jury, max 30 days confinement
• Special Court-Martial – Military jury optional, max 1 year confinement
• General Court-Martial – Military jury required, max life imprisonment or death

The type of court-martial depends on the severity and circumstances of the charges. Our military lawyers will analyze the case and advise you on the possible court-martial outcomes.

Other Potential Case Outcomes

It’s important to understand courts-martial are not the only way military criminal cases conclude. Some other potential outcomes we frequently secure for clients include:

• Dismissal of Charges – We may win a motion to have charges thrown out entirely due to lack of evidence, unlawful searches, or violations of your rights.
• Plea Agreements – We negotiate with prosecutors to reduce charges and/or sentencing in exchange for a guilty plea.
• Non-Judicial Punishment – For minor misconduct, commanders can impose discipline like loss of pay or rank outside of courts-martial.
• Administrative Discharge – In some cases, we can negotiate a discharge in lieu of criminal prosecution.
• Resignation in Lieu of Court-Martial – Officers and warrant officers may be able to resign to avoid prosecution.

A skilled military defense lawyer will pursue every possible option to avoid a conviction and minimize consequences. This can include leveraging procedural technicalities, constitutional rights violations, and showing weaknesses in the prosecution’s case.

Sentencing Mitigation in West Virginia Military Cases

If you are convicted at court-martial, experienced WV military lawyers can advocate for leniency during sentencing. We will present mitigating evidence about:

• Your record of service and accomplishments
• Any mental health conditions or substance abuse issues
• Your background, youth, immaturity, or lack of criminal history
• Support from commanding officers, colleagues, friends, and family
• How the conviction impacts your career and future

This compelling mitigation evidence can convince the jury or judge to impose less harsh sentences. Our firm has helped clients avoid jail time, punitive discharges, and sex offender registration through persuasive sentencing advocacy.

Appellate Review of West Virginia Military Convictions

If convicted at court-martial, you have the right to appeal. A military appellate lawyer can review the trial transcripts and court rulings for any issues or errors. Common appeal grounds include:

• Insufficient evidence to support the conviction
• Prosecutorial misconduct
• Judicial bias
• Ineffective assistance of counsel
• Unlawful command influence
• Violations of your constitutional or UCMJ rights

If any prejudicial errors are found, the appellate court can toss out the conviction or order a new trial. An experienced military appellate lawyer is key to identifying appealable issues. Our firm has successfully appealed many court-martial convictions in West Virginia and secured new trials, acquittals, and sentence reductions for clients.

Additional Ways to Fight West Virginia Military Convictions

Overturning a conviction on appeal is not the only recourse after courts-martial. Other potential options include:

• Post-Trial Motions – We can file motions asserting errors and request the judge set aside the findings or sentence.
• Clemency Requests – Petitioning the convening authority to disapprove any findings or reduce the sentence.
• Upgrade Discharge – Appealing to the discharge review board to upgrade a punitive discharge.
• Correction of Records – Requesting the corrections board amend or remove the conviction from your military records.

An experienced West Virginia military lawyer will pursue every available avenue to overturn an unlawful or unjust conviction long after the courts-martial ends.

Contact a West Virginia Military Criminal Defense Lawyer Today

Defending against military criminal allegations in West Virginia requires an aggressive lawyer with specialized military law experience. The consequences of conviction are severe – jail time, sex offender registration, federal conviction records, and destroyed military careers.

Don’t leave your future to chance. The military lawyers at Daniel Conway & Associates have the skills and record of success to give you the strongest possible defense during this difficult time. Contact us 24/7 at (757) 401-6365 for a free case evaluation and protect your rights.