Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

My husband is in the army, he stabbed someone that threatened

me. It has been a...
My husband is in the army, he stabbed someone that threatened me. It has been a month since the incident and his superiors have yet to tell him anything! how long can they wait?
Show More
Show Less
Ask Your Own Military Law Question
Answered in 44 minutes by:
11/1/2011
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,349
Experience: Lawyer and current JAG officer.
Verified
Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.

That really depends on what they plan on doing. If they want to use non-judicial punishment, they have two years from the incident.

If they are willing to go to court martial, they have 5 years.

Those are the only limitations, the statutes of limitations.
Ask Your Own Military Law Question
Customer reply replied 6 years ago
So they dont have to tell us anything about the investigation or anything?
Customer reply replied 6 years ago
Relist: Answer quality.
I see that you relisted my answer within 21 seconds of asking me a follow up question. I'll need a little more time than that before you relist for other attorneys to answer, please.

No, they don't have to disclose to you, or anyone, anything about an ongoing investigation or what their plans are. When and if they decide to charge him with anything, only then will they be required (by the rules of disclosure) to reveal the evidence they intend to use against him, to his attorney if they plan on doing a court martial.

They can legally keep him completely in the dark during the entire investigation process. They can literally not say a word to him for 4 years, 11 months and 29 days and then, suddenly, inform him that they are going forward with a court martial.
Ask Your Own Military Law Question
Customer reply replied 6 years ago
It was labeled simple assault by authorities and he wasnt arrested, nor were any charges pressed. Is the fact that they're waiting more then a month a good thing?
I would say that it is a neutral fact. It's neither good nor bad. It might be good because they don't plan on doing anything, but that's not necessarily what it means. It very well could mean that the state is slow in providing the evidence that the military CID is requesting.

My point here is that while a month is a long time for you two to have to deal with this (I can certainly understand that), it's not a long time at all in legal processing. It is, in fact, very early in the legal process and things just move slowly.

I would also add that the military is not going to be bound by what the state classifies it as. The military is an independent jurisdiction and they can make their own choice on what to classify it as, based on the facts.
Ask Your Own Military Law Question
Customer reply replied 6 years ago
He's been diagnosed with PTSD since the incident and is attending ADAPS(Military AA). Will this look good for him?
It's a defense that can be used, so it's certainly a relevant and useful fact. The military does recognize what is commonly called a "temporary insanity" defense against actions requiring intent, but it's not always successful.

Again, it's useful but not something that necessarily means and automatic win for him.
Ask Your Own Military Law Question
Customer reply replied 6 years ago
I'm am her husband, have talked with the TDS, really looking at how this happened so fast and having never experianced any trouble prior to this isolated incident. Knew soldier, worked with him for 2 yrs prior to evening this took place rode motorcycles with him on occasion. He was up until a month prior associated with a certain group not in good standing with any form of gov agency, knew he carried a gun on most nights and know he has had a previous assualt charge with the hand gun. upon what he said did not think it was a matter of intent but more of a reaction i just want to know what the worst case would be in regards XXXXX XXXXX and the best possible case scenerio, know of the commander is finishing writing up a repermand based on his own words at a recent awards ceromony, but have had word it is giong to a court martial just do not know which one out of the three it could be, any insight or thaughts on this might help us a little
The best possible scenario is that they counsel you, though that's highly unlikely. They may choose to just let the civilian authorities handle it, but they will have to respond in some fashion. If you are going to allege that the PTSD had a bearing here, they will likely at least look to separate you from the military under a personality disorder chapter if the civilian courts go forward with the case.

Worst case scenario is that the state decides to let the military handle it and the commander decides to charge you under court martial for assault with a deadly weapon or even attempted murder, depending on the facts.

If you have already heard that they are seeking court martial, then you know that the best case scenario is a summary court martial where they would only be able to give you:
1 grade reduction (E5 and above); Multi-grade reduction (E4 & below); Confinement for 30 days (E3 & below); Forfeiture of two-thirds pay for 1 month; Hard labor without confinement for 30 days; Restriction for 60 days.

If they seek a special court martial, they can only give you: Bad Conduct Discharge; Reduction to E1; Confinement for 6 months; Forfeiture of two-thirds pay for six months.

At general court martial, it would depend on what they charge you with.

If they charged you with assault with a dangerous weapon, Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years.

If they charged you with attempted murder, you would be eligible for life in prison but not death.

Obviously, the lower and higher possibilities are much less likely than something in the middle, like a special court martial.

There isn't a play book that the commander is bound to though. There is commander discretion in what route to take, so I can not predict to you what they will do.
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,349
Experience: Lawyer and current JAG officer.
Verified
Allen M., Esq. and 87 other Military Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
CAN WE SEEK CIVILIAN COUNSEL AFTER AN ARTICLE 32 HEARING
Yes, you can bring in a civilian counsel at that point.
Ask Your Own Military Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19,349
19,349 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. 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

14,530 satisfied customers

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

Allen M., Esq.

Allen M., Esq.

Lawyer

19,349 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,798 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
How can I get a dishonorable discharge changed to a general
How can I get a dishonorable discharge changed to a general discharge? … read more
Amadeo Rivera
Amadeo Rivera
JD
79 satisfied customers
I was convicted by general court martial back in 2002 or
Hello, I was convicted by general court martial back in 2002 or 2003 for larceny. I was only sentenced to 7 months, but the maximum penalty is something like 30 years. Having a maximum sentence of gre… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
CAn an army soldier accept a gift from another country? Do
CAn an army soldier accept a gift from another country? Do they have to report it on their taxes? Do they pay taxes? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I am coming close to the end of a Special Court Martial and
I am coming close to the end of a Special Court Martial and I was curious if a bad conduct discharge is considered a felony in Washington state? I am being charged with the following; Unauthorized Abs… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
The army conduct hiv test every year for soldier. If one
The army conduct hiv test every year for soldier. If one soldier pop up positive, would kick you out or at least alert you that you are positive. Or they let it be?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
Im trying to explain a summary court martial to a real
im trying to explain a summary court martial to a real estate licensing board … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My stepson was given a dishonorable discharge from the USN
Hello, My stepson was given a dishonorable discharge from the USN approximately 8 years ago. He started out at boot camp in Illinois and moved to nuclear power school in Charleston SC. During this tim… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I am a female soldier in the Pennsylvania Army National
Hello! I am a female soldier in the Pennsylvania Army National Guard. I have been in the guard for a little over four years now. I had a baby boy in Febuary of this year. Throughout my whole pregnancy… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Is going AWOL from AIT a dishonorable discharge, and is
Is going AWOL from AIT a dishonorable discharge, and is there jail time involved … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My daughter-in-law got a bad conduct discharge after serving
My daughter-in-law got a bad conduct discharge after serving less than I year in jail for taking someone's credit card and using it. It was 18 years ago. she is now working on her master's degree in c… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I received a bad conduct discharge in a general court
I received a bad conduct discharge in a general court martial in 1994-95. I was told that I waited too long to ask this decision to be upgraded. I tried to move on with life but I've not only failed m… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
I got a bad conduct discharge just for missing drill in the
I got a bad conduct discharge just for missing drill in the army reserves. How do I petition or change that? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,349 satisfied customers
If the Army is accusing a soldier of possessing the
If the Army is accusing a soldier of possessing the substance spice/k2 but the substance was proven to be non illegal/ not spice in the local county courthouse, and the store which is in the same coun… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
19,349 satisfied customers
I have a dishonorable discharge and i want to see if i can
i have a dishonorable discharge and i want to see if i can buy a firearm, i was reading and my dishonorable discharge was not issued by court martial, it was by captains mass on board the ship. i had … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,040 satisfied customers
If someone was convicted of a general court martial and all
If someone was convicted of a general court martial and all charges were then dismissed and the conviction was overturned on appeal, how do you answer the "were you ever convicted of a court martial" … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
If someone goes to a special court martial for article 112,
If someone goes to a special court martial for article 112, gets a bad conduct discharge and no confinement, does that show up on a civilian background check or criminal background check?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,798 satisfied customers
Back in 1989 I was convicted at a general court martial for
Back in 1989 I was convicted at a general court martial for bad checks sentenced to 30 months only served 18 months can I get a pardon… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I need to confirm if a dishonorably discharged Air Force
I need to confirm if a dishonorably discharged Air Force Sargent (court marital) has upgraded his discharge and if he has, would his military benefits (retirement) be reinstated? Where can I find out … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 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