Successful Record of Defending against Domestic Violence allegations, appeal a domestic violence conviction

Why choose our attorney to represent you against military against domestic violence allegations or represent you in an appeal of a domestic violence conviction?

ARTICLE 128b DOMESTIC VIOLENCE

I am court-martial defense attorney Peter Kageleiry, Jr. Since 1998, I have successfully defended and prosecuted Article 128b Domestic Violence charges all over the world. I am an aggressive investigator and an experienced military trial attorney experienced in cases including where there are false allegations. If you are facing a court-martial for domestic violence you are in for the fight of your life. Military law enforcement and military prosecutors will use every means at their disposal to secure a conviction. The consequences of a court-martial conviction for domestic violence are serious and may include prison and a punitive discharge even in the event of false allegations. If you have been accused of Article 128b Domestic Violence, you need an experienced military defense attorney who will fight to protect your rights and your freedom. If you have already been convicted, you need experienced representation in an appeal of an Article 128b conviction. You need a defense attorney who knows the law and knows how to aggressively defend against domestic violence allegations, including false allegations. If you are under investigation for Article 128a domestic violence, or have already been charged, call me now.

What are the consequences of false Article 128 domestic violence allegations and can we appeal an Article 128b domestic violence conviction?

Service members convicted of Article 128b domestic violence can expect to have to get a punitive discharge, a designation that can affect their employment prospects for their lifetime. Regardless of whether service members get jail time or are separated from the military, the consequences of a military domestic violence conviction based upon false allegations are indefinite. Service members can also experience the possibility of losing their veteran’s benefits if given a discharge that is other than honorable. A servicemember also risks losing his family and children. An Article 128b domestic violence conviction also makes individuals ineligible for gun purchases.

What is Article 128b domestic violence?

The Military Justice Act of 2016 made several changes to several UCMJ articles including Article 128 Assault. The MJA 2016 split Article 128 Assault into three separate charges: Article 128 Assault, Article 128a Maiming, and Article 128b Domestic Violence. The MJA 2016 requires defense leaders to standardize policies for safely transferring victims of domestic violence away from accused troops. The amendments took effect effect on January 1, 2019, immediately after the coming into effect of the amendments made by the MJA of 2016.

Text of Article 128b

Any person who—

(1) commits a violent offense against a spouse, an intimate partner, or an immediate family member of
that person;
(2) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person—
(A) commits an offense under this chapter [10 USCS §§ 801 et seq.] against any person; or
(B) commits an offense under this chapter [10 USCS §§ 801 et seq.] against any property,
including an animal;
(3) with intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person, violates a protection order;
(4) with intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; or
(5) assaults a spouse, an intimate partner, or an immediate family member of that person by strangling
or suffocating; shall be punished as a court-martial may direct.

For more information on a particular domestic violence charge, consult with an experienced military lawyer – one who has successfully defended domestic violence charges and has experience with court martial conviction appeals. You can find more information on this offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case by consulting with an experienced military lawyer.

The Most Experienced Lawyer In The Courtroom Should Be Your Defense Counsel

Domestic violence is a serious charge that requires a tough, experienced and aggressive court-martial defense attorney to protect your rights and your freedom. In recent years, the military services have come under tremendous political pressure to get convictions based on domestic violence allegations. Each of the military services has developed special programs intended to strengthen the investigation and prosecution in these types of cases. This also makes it even more important to have an experienced lawyer to appeal an Article 128b conviction.

Congress also weakened the protections in Article 32 of the UCMJ changing the pretrial investigation into a mere hearing. What was once a significant right of service members to discover the evidence against them and question their accuser is now a more limited hearing. False allegations sometimes happen. Now more than ever, if you are accused of a sexual assault it is vital to have an experienced court-martial defense lawyer on your side.

Contact The Law Office of Peter Kageleiry, Jr. 

No matter where you are stationed in the world, contact my office +‪(757) 504-2815 or through our convenient online form to schedule a consultation.

Attorney Peter Kageleiry, Jr., focuses his legal practice exclusively on military court-martial law and related adverse administrative actions.