How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11985
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

UCMJ Article 128 Questions

What does UCMJ Article 128 mean in the Military?

In the military, Article 128 is a Military criminal code of law that pertains to any type of assault with criminal action. This means that any person who attempts or offers with unlawful force or violence to harm another person is guilty of assault and will be punished or enforced under Article 128, UCMJ. Article 128 punishment varies depending on the severity of the crime. When someone is faced with an Article 128 charge many times questions surface. Often these questions are hard to get dependable answers to.

When people are faced with situations like this, they can ask the Experts for advice. Listed below are five of the top Article 128 questions.

Is spouse abuse punishable under the UCMJ.

In most situations yes, it would be punishable under Art 128. Under UCMJ, Article 128 is any act that is causes or tries to cause undue harm using violence. Spousal abuse would also classify as a type of an act of assault.

Can a member of the Army that is in inactive reserve still punished under the UCMJ for domestic assault?

Most of the time, if the crime was committed while inactive; it would not be punishable under the UCMJ Article 128. However, if it occurred while on active duty, the soldier could be recalled to active duty for trial under UCMJ if they are still in the IRR.

Is self defense punishable under Article 128?

Many times, when someone has used self defense, it can still be punishable under Article 128 simply because the defense often is more violent and unlawful that the actual offense that caused the self defense. There will be several factors to determine if it was in fact self defense such as, time place and the situation at hand. Once those things are determined if it was true self defense, no charges are usually filed.

What does this mean assault with a deadly weapon without intentions to kill?

The individual could be charged with assault with a means of force likely to produce bodily harm (Article 128) even of you didn’t or don’t produce that harm. For example, if you hit someone with a bat, but it only brushed their arm, you could be charged with intent to do serious bodily harm even though you only caused a scratch because a bat is something that may cause serious harm as a probable consequence of its use.

If someone in the Military has a Non-Judicial Punishment under Article 15 and was charged in violation of the UCMJ, Article 128 and Article 92 from seven years ago, how can they get these charges taken off their record?

Non-judicial punishment is not a misdemeanor; it is administrative and not even judicial in process. It should be nowhere in criminal records. The criminal records need to be looked at to make sure that the crime is not showing, if it is, a criminal lawyer will need to help have these charges removed from the records through the court.

With Military Law differing from civilian law, many that are in the military are often unaware of the different Articles and laws that are present. Article 128 often is one of the most misunderstood Military Law topics. Experts can help with questions and give fast affordable answers.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11985
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Article 128 Questions

  • I am an HPSP student and was arrested for DUI. At what point

    I am an HPSP student and was arrested for DUI. At what point do I contact the program and am I in danger of losing my scholarship?
  • I am ex-korean war veteran living in Australia. on my death

    I am ex-korean war veteran living in Australia. on my death do I receive armed forces funeral .
  • here is my situation: I'm in the army and I'm a photography

    here is my situation: I'm in the army and I'm a photography hobbyist. I announced to people at work that if they wanted any kind of photos done, such as weddings, kids, pets etc to let me know. A female soldier approached me and asked me in private if id be willing to shoot nudes of her. and I said that was fine. we made an appointment for the shoot and she didn't show up. in fact, she stopped speaking to me completely. flash forward a month and she out of the blue ask me if I could work a shift for her. I told her I would not because she blew me off and ignored me. She asked and said she would do anything if I took her shift. I told her that I'd do it if she did the nude shoot we talked about. and she said yes. and that she has been wanting her but her boyfriend got jealous about it. I then told her that we could do it the next day (the day before the concert she wanted to go to) and she said "no, lets wait till after the concert" and I called her a liar. she "swore" she wanted to do it. I then told her to send me a nude photo to prove she is serious. she then called me unprofessional. I said that I agree that was an unprofessional thing to say but that I was proving a point. she asked me several more times to take her shift and I refused. the day of the concert came and went, and the next day I was consoled that I was was flagged and under investigation for sexual harassment. I was sent to a different platoon and told not to talk to anyone for what will probably be a month plus. What will the likely outcome be?
< Last | Next >
View More Military Law Questions