Legal Question in Military Law in Georgia

Felony Assualt on an MP

My brother just informed me that he is being charged with felony assault on an MP. The MP entered his room last night with loud music as probable cause. He attempted to place my brother in handcuffs to which he ''flipped''. He said he remembers headbutting the MP, but after that blacked out and came to handcuffed on the ground being beat by other MP's and the initial MP was lying on the ground still, looking like he got beat hisself. Is there an argument for the military instilling this type of reaction and a year and a half of ''kill hodge'' culminating in this exertion of anger?

Asked on 6/26/09, 10:26 am

3 Answers from Attorneys

Philip D. Cave Military Law & Justice

Re: Felony Assualt on an MP

He might have some sort of defense based on the circumstances, especially if the MP's did not announce themselves.

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Answered on 6/26/09, 10:47 am

Scot Sikes Law Offices of Scot Sikes

Re: Felony Assualt on an MP

I highly recommend your brother consider his legal coverage options closely, as the MPs will likley endeavor to "circle the wagons" and make this out to be something it was not. There are many questions begged by the facts you provided such as whether there were some non-MP witnesses. Is you brother being held in pre-trial confinement? My advice is that he should seek the input of a defense counsel without delay. He will be entitled to a uniformed defense attorney at some point, but your brother will ultimately have to decide whether he is comfortable with the appointment of an Army public defender equivalent.

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Answered on 6/26/09, 11:41 am
William J. Holmes Attorney at Military Law

Re: Felony Assualt on an MP

A felony assault charge on an MP is a very serious offense and he could receive up to 3 years in jail even if there no weapon was used. It will be critical to determine if any other witnesses observed the incident. We should assume that the MPs will "stick together" to protect themselves so an independent witness will be critical to show what really happened. Whether a defense can be used depends upon a lot of different factors such as your brother's personality and psychological makeup as well as the training he received. If we can show that he had no intention of assaulting anyone but simply reacted to circumstances in a manner consistent with his training, we might be able to create a defense. However, we have to deal with the specifics of his case and cannot just rely upon generalities.

If charges are brought against him, he will need an attorney experienced in defending military cases to evaluate the facts, fashion a defense and present it in court. If I can be of any further assiatnce, please feel free to contact me directly.

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Answered on 6/29/09, 1:27 pm

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