Article 128b UCMJ deals with the crime of assault. The military can charge Article 128b UCMJ when there are credible allegations of assault that arise from violent situations. Those could be anything from a bar fight between persons to domestic violence between intimate partners. In the military, Article 128 UCMJ charges often stem from allegations of domestic violence in families. Domestic violence can touch anyone regardless of rank.

Factors at play in Domestic Violence Incidents

Various factors can influence the rates of domestic violence within the military, and it’s important to note that domestic violence is a complex issue with multiple contributing factors.

Combat Stress and Trauma: Military service members may experience combat stress and trauma, which can contribute to mental health issues. The impact of exposure to violence and trauma during deployment may increase the risk of domestic violence within military families.

Frequent Relocation: Military personnel often experience frequent relocations due to deployments or changes in duty stations. The stress and disruption associated with moving can impact family dynamics and increase tension, potentially leading to domestic conflicts.

Deployment and Separation: Extended deployment and separation from family members can create stress and strain relationships. The challenges of maintaining communication and emotional connection during deployment may contribute to conflicts upon reunification.

Isolation: Military families may be geographically isolated from extended family and social support networks. This isolation can exacerbate stressors within the family unit and potentially contribute to domestic violence.

Access to Support Services: The availability and accessibility of support services within the military community can influence the rates of domestic violence. Adequate support services, counseling, and family resources can contribute to prevention and intervention.

Command Climate and Reporting Culture: The military’s command climate and reporting culture play a significant role. A culture that encourages reporting prioritizes the well-being of service members and their families and addresses issues promptly may contribute to a lower rate of domestic violence.

Military Culture and Gender Dynamics: Military culture has traditionally been male-dominated, and gender dynamics within this culture can influence interpersonal relationships. Efforts to promote gender equality and address traditional gender roles may contribute to a healthier environment.

Leadership and Accountability: Leadership within the military can impact the prevalence of domestic violence. Strong leadership that emphasizes accountability promotes a culture of respect and addresses issues promptly may contribute to a lower incidence of domestic violence.

Likelihood of False Reporting of Domestic Violence

Many of these previously mentioned factors may potentially lead to divorce or fracturing of family relationships, fracturing that can cultivate animosity and a desire for retribution. With both the military and the civilian legal systems taking the threat of domestic violence very seriously, it’s not unheard of for an intimate partner to make false allegations against their partner for personal gain.

False reports of domestic violence refer to situations where an individual intentionally makes an untrue claim or accusation of domestic violence. It’s essential to recognize that such cases are relatively uncommon compared to the actual occurrence of domestic violence. However, when false reports do occur, they can have severe consequences for all parties involved. Here are some potential reasons for false reports of domestic violence:

Revenge or Retaliation: A person may make a false report out of a desire for revenge or to gain an advantage in a divorce or custody dispute. False accusations can be used as a tool to damage the reputation of the accused.

Manipulation: Some individuals may use false allegations to manipulate the legal system or gain sympathy from friends, family, or authorities. False allegations can be part of a broader relationship manipulation pattern.

Custody Battles: False reports of domestic violence may arise in the context of child custody disputes. Accusing the other parent of abuse can impact custody decisions, and some individuals may make false claims to gain an advantage.

Mental Health Issues: In some cases, individuals dealing with mental health issues may make false reports as a result of confusion, paranoia, or other symptoms. Mental health issues do not absolve the accuser of responsibility. Still, it underscores the importance of mental health awareness and support.

Pressure from External Influences: Family members, friends, or others may pressure someone to make false accusations. This pressure could come from a desire to protect the accuser, spite against the accused, or other motives.

Misunderstandings or Exaggerations: In certain instances, a person may genuinely believe they experienced domestic violence, but the events may be misunderstandings or exaggerations. Communication breakdowns or emotional distress can contribute to these situations.

Defending against Article 128b UCMJ Charges for Domestic Violence

At the Law Office of Peter Kageleiry, Jr., we have successfully represented service members falsely accused of Article 128b UCMJ domestic violence. It is essential to have an experienced attorney who can aggressively defend against these allegations when custody of children, careers, and freedom are at stake. Military policy is to separate individuals credibly accused of Domestic Violence. At the first sign of investigation for Article 128b UCMJ, the service member should retain their right to remain silent and not answer any questions before speaking to an attorney. Otherwise, they could inadvertently confirm some facts the investigators want to corroborate. Those accused of domestic violence should familiarize themselves with the following:

Legal Representation: Seek the assistance of an experienced criminal defense attorney specializing in domestic violence cases. They can guide you through the legal process, provide advice based on the specifics of your case, and ensure that your rights are protected.

Gather Evidence: Work with your attorney to gather evidence that supports your defense. This evidence could include witness statements, surveillance footage, text messages, emails, or any other relevant documentation that may help establish your innocence or cast doubt on the prosecution’s case. However, the accused SHOULD NOT attempt to interview witnesses. That could lead to accusations of witness tampering.

Understand the Charges: Be sure to understand the charges brought against you fully. Different jurisdictions may have varying definitions and classifications for Article 128 UCMJ domestic violence offenses. Your attorney can help explain the specific laws in your jurisdiction and how they apply to your case.

Examine Police Procedures: Your attorney may investigate whether authorities followed proper procedures during the arrest and if authorities respected your rights. If there were any violations, this could impact the admissibility of evidence in court.

Consider Counseling or Therapy: In some cases, the court may view voluntarily participating in counseling or therapy programs favorably. It could demonstrate a commitment to addressing any underlying issues, and your attorney can present your commitment and success in these programs as evidence of rehabilitation.

Negotiate a Plea Bargain: Depending on the circumstances, your attorney may negotiate with the prosecution for a plea bargain involving reduced charges or penalties. However, an individual should only consider a plea bargain after careful consultation with your attorney.

Prepare for Trial: If a suspect’s attorney cannot reach a fair resolution through negotiation, be prepared to go to trial. Your attorney will guide you on the legal strategy, present evidence, cross-examine witnesses, and make legal arguments on your behalf.

If you are accused of Article 128b Domestic Violence, contact us here or give us a call at 757-504-2815 to discuss the merits of your case.