Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am an airman in the United States Air Force and I need some…

Customer Question
I am an airman in...
I am an airman in the United States Air Force and I need some advice. In the months previous to this our son was born three months preemie and has a lot of medical problems. The Air Force knew of our situation and knew of stress that was going on in the home. When I asked for help I was provided with time off but no one to talk to for counselling.
My fiancé and I got into a heated argument that turned into domestic violence and the cops were called. In th mist of the argument it got physically around our son and I defended my son and I by pulling a gun that was unloaded. I was charged with assault with a weapon. My fiancé was medically diagnosed as a manic depressant, has episodes where she blacks out and does not know what her acts are.
We are still together and are receiving counselling. What are my chances of beating these charges and still be able to keep my career in the USAF? How can I prove that it was all a mistake due to no help from the Air Force.
Submitted: 8 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 3 minutes by:
6/14/2010
Military Lawyer: P. Simmons, Military Lawyer replied 8 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,676
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Pointing a gun at someone is not likely going to be considered reasonable under the circumstances you describe. Unless you can show you had a reasonable fear for you life or the life of the child, pointing a weapon at another (loaded or not) would be assault.
Ask Your Own Military Law Question
Customer reply replied 8 years ago
So, in your honest opinion even though I asked the Air Force for counselling help and they did not provide any, and would not allow me time to seek that help on my own. Due to my security clearance for my job, I was only trying to defend myself and my son and I did fear that she would hurt our son. I had tried everything to detain her but she was being very violent and was not in her right state of mind. When she gets into her episodes she goes into blackouts where she does not know or remember what her actions are. Her psychiatrist is willing to testify on her condition.
All my actions were due to my fear that my fiance, without meaning to, would hurt our three month old infant that was in the room where we were physically fighting.
Military Lawyer: P. Simmons, Military Lawyer replied 8 years ago
That will serve as mitigation..the fact you asked for mental help and did not get any...that can be used to lessen the punishment but it is not a legal defense.

Can you fight this on self defense? Perhaps...the standard is called the "reasonable person" standard...would a reasonable person, in your situation, be justified in pointing a weapon (loaded or not does not matter) at the other person. Will depend on the facts. Is your wife much stronger than you? Heavier? A better fighter? All this is a factor. If you had a reasonable fear for your life (not a cut or bruise, but you thought you may die) or the life of your child and you were not able to stop her in a less violent manner...then perhaps that can work

Ask Your Own Military Law Question
Customer reply replied 8 years ago
Is there are big assumption that I will lose my career in the military? Or will my taking classes and showing them that I am not that person help me in any way?
Military Lawyer: P. Simmons, Military Lawyer replied 8 years ago
Depends on how this is resolved...what is the AF doing on the charges? Art 15? Court-Martial?
Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,676
37,676 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

37,676 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,454 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I am an Airman in tech school who is currently not too
I am an Airman in tech school who is currently not too satisfied with how my career is looking and am looking for the best way to be able to separate. I should have done more research about the milita… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
My son is in the Air Force..he has been in for 2 1/2 years
My son is in the Air Force..he has been in for 2 1/2 years will be 3 in September. He is an F22 crew chief. He has also been promoted to E4 within the last 6 months or so..Last September he went on hi… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
Legal and continuation of past case. Greetings Marsha411JD,
Legal and continuation of past case. GreetingsCustomer My son was discharged from the USAF, in our opinion unfairly. Although no charges were filed, he was given a General Discharge after serving 3 ye… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
I recieved an Honorable Discharge with an RE 2C code. I understand
I recieved an Honorable Discharge with an RE 2C code. I understand it means that I may not re-enter my branch, USAF but into another branch witha waiver. I was removed from service with claims of pers… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
Good Evening,My son unfortunately recieved a general discharge
Good Evening, My son unfortunately recieved a general discharge after servicing 3.5 years as a verifiable steller airman in the USAF. While at a party, he was repeatly asked by another airman if he ha… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
I was discharged form the UASF honorably for a personality
I was discharged form the UASF honorably for a personality disorder after being hospitalized for a suicide threat. At the time I was already being treated for depression with zoloft and therapy. The r… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
I have a question about Administrative Discharge in the Air
I have a question about Administrative Discharge in the Air Force. Is there someone here that can help me?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
I am a freshman in college and recently failed to receive a
I am a freshman in college and recently failed to receive a medical waiver to continue in Air Force ROTC. I had a couple of episodes of anxiety in High School that affected the completion of my school… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
My son is station at Hickam AFB in Hawaii and is a A1C in the
My son is station at Hickam AFB in Hawaii and is a A1C in the USAF. He is be brought up on a charge of smoking "Spice" just once one evening with a fellow airman that was being investigated. My sons C… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
My husband is in the Air Force. He is being charged with Article
My husband is in the Air Force. He is being charged with Article 117 for provoking, Article 128 for open handed hitting another airman, and Article 134 for the communication of a threat. What happened… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
I have a 17 year old son who wishes to enter the service (Air
I have a 17 year old son who wishes to enter the service (Air Force) and become a mechanical engineer...working to design and build planes and other equipment. He is diagnosed with Asthma, but it is u… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
Sir, I am retired USN and have a problem with my son. He
Sir, I am retired USN and have a problem with my son. He is in the Air Force (air guard) and attending USAF school. He notified me that upon arriving at his duty station, he submitted to the normal pi… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
My 18 year old civilian daughter is pregnant by a married 23
My 18 year old civilian daughter is pregnant by a married 23 year old who is active duty Air Force. He claimed that he and his wife were getting divorced (they have only been married for 4 months) and… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
What are the chances that an airman (BMT grad July 2010) doing
What are the chances that an airman (BMT grad July 2010) doing very well at his security police training course will get a Entry Level Separation waiver (he has already signed and requested waiver) fo… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
I was convicted of intent to deliver marijuana ( to my wife
I was convicted of intent to deliver marijuana ( to my wife who suffers from glaucoma). The AG here in Pa. says that because the marijuana was in close proxsimity to my guns, that they are seeking a 5… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I was a USAF reservist when I got divorced. I had 12 years
I was a USAF reservist when I got divorced. I had 12 years active duty and three years as a reservist at the time of divorce. The divorce order states that she gets 50% of my USAF Reserve retirement w… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
My son is about to complete MP tech school in the Air Force
My son is about to complete MP tech school in the Air Force this week...he has been evaluated for a blood pressure issue and he was told he might be discharged because of it. He completed BMT and abou… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers
A question about erroneous enlistment My 19 yr. old daughter
A question about erroneous enlistment? My 19 yr. old daughter went to a recruitment office on Sat., Nov. 22, 2008 and enlisted in the air force. They gave her a letter for school and her job to excuse… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
37,676 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x