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Denver, CO Martial Law Blog

Friday, April 19, 2019

What are the minimum mandatory sentences for sexual assault convictions?

While it is obviously upsetting to be charged with any crime in the military, certain charges can be more frightening to face than others—like charges that subject a service member to dismissal or discharge or confinement. 

If you are facing charges of sexual assault in the military, it’s imperative that you have a skilled civilian court-martial defense attorney on your side. This is important because a conviction for sexual assault offenses carries a mandatory minimum sentence which, at the least, includes dismissal or dishonorable discharge. Plus, additional penalties including increased sentence length or forfeiture of pay and allowances may also be doled out. 

With so much on the line, many service members consider hiring a seasoned civilian court martial defense attorney rather than trusting their fate to an often inexperienced and overworked free attorney from the military trial service. A good example of why hiring private counsel to defend charges of multiple sexual assault offenses, including rape, could be the recent case against an Air Force Colonel. 

The Colonel faced multiple sexual assault and rape charges as well as assault consummated by battery charges--all reportedly pertaining to one civilian woman and spanned a timeframe from 2012 through 2017. The Colonel was reportedly found not guilty on all sexual assault and rape charges and was found guilty of one assault consummated by battery charge. 

Conviction on the assault charge resulted in a sentence of “a reprimand, forfeiture of $2000 pay per month for six months, and 35 days confinement.” By successfully defending and securing an acquittal on all sexual assault and rape charges, the Colonel avoided the mandatory sentencing minimum sentencing of dismissal and/or discharge and he avoided sacrificing his future military career.

If you are or expect to be facing court-martial on charges of sexual assault, or any other charges, the court-martial defense attorneys at Elkus, Sisson & Rosenstein, PC can help you. Contact us today for a free consultation. 
From our offices in Colorado Springs and Denver, Colorado, we represent service members of all ranks, in all branches, active or retired, all over the world.


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