Camp Pendleton Criminal Attorney
Put 30+ Years of Combined Experience in Your Corner
Marines are known for being some of the strongest and smartest individuals out there, but they are still human. Every one of us is capable of making mistakes or having a lapse of judgement. If you are currently stationed at Marine Corps Base Camp Pendleton in Southern California and have been accused of committing a criminal violation while off-base, let our criminal defense attorneys help you.
Not only do we support the people of North County, San Diego, we are also honored to assist the people who fight to protect it in any way we can. Contact us today to learn how we can help you with a legal matter that is jeopardizing your military career.
Your Reputation Is Important – Let Us Protect It
We understand that few things can stain your military service record faster than a criminal conviction. By doing all we can to construct a solid, unwavering defense on your behalf, we can fight tooth and nail for you in and out of court. High fines and jail time are clearly harmful consequences of a conviction but the damage that could be done to your career as a military serviceman could be even worse. Do not leave so much to chance – retain our services today!
We can help you fight any criminal charges you could be facing, including:
- Assault and battery
- Driving under the influence
- Drug possession
- Lewd conduct
- Public intoxication
There are several crimes that are specific to the military. Military crimes are typically considered crimes committed on a military base, or crimes committed while military personnel is still on active duty. Below are some of the most common military crimes that JD Law can help you fight.
Positive Urinalysis/Possession of a Controlled Substance/Wrongful Use of a Controlled Substance
This is the most common military crime and is a violation of Article 112a of the Uniform Code of Military Justice. In order to prove someone guilty of this crime, the prosecution must prove that the service member knowingly consumed a controlled substance and that he or she knew the substance was considered a controlled substance. If a controlled substance was dissolved into a service member’s drink unknowingly, charges could be dropped and the service member found innocent. If a service member is found guilty of this charge, he or she could face up to one year in jail.
Sexual assault is treated differently today than it was in the past. Historically, charges of this type were not common in the military. But as more victims continue to emerge, more pressure has been placed on the military to bring about charges of rape and sexual assault when one service member alleges another service member forced himself in a sexual manner. These are very serious charges. The maximum sentence for rape by force is death; the maximum sentence for sexual assault is 30 years. Rape and sexual assault are difficult to prove. Most cases occur when both parties are intoxicated and proving a lack of consent can be very difficult.
Another aspect of sexual assault as a military crime that makes it more complicated is that some victims fabricate the allegations. This is because adultery is a crime in the military, whereas it would not be for a civilian. Because of this, when one service member has sexual relations with someone other than his or her spouse, he or she can be charged with adultery. In the military, this carries a penalty of dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to one year. When someone is charged or about to be charged with adultery, he or she may allege rape or sexual assault in order to avoid criminal charges.
Unauthorized absence refers to a crime in which a service member fails to report for duty when he or she was scheduled for duty. While people typically think of military personnel going AWOL for an extended period of time, such as a year, an unauthorized absence charge can apply even when a service member is merely late for duty. However, the charge is not usually taken to court martial unless the absence has extended over a period of several days.
There are some defenses to this crime, such as being in the hospital or being physically unable to report for duty. But being in police custody for an offense the service member is later convicted of is not a defense, nor are family emergencies that cause the service member to be absent from duty. If the unauthorized absence lasts more than 30 days, it will likely be considered desertion and can be punishable up to one year in jail.
Why You Should Choose to Work with JD Law
Many defense attorneys claim they can help you with your case, but very few possess the same qualifications that our lead attorney, Mr. James N. Dicks, has accrued in his 25+ years of practice. In particular, he has gone through a lengthy education, a series of tests, and rigorous training to become a board certified criminal law specialist by the California State Bar. Furthermore, he has studied and practiced military crimes cases in the past and is familiar with litigation processes.
Additional accomplishments James N. Dicks has earned throughout his career include:
- "Superb" Avvo Rating
- Wide variety of successful case results
- Testimonials from dozens of past clients
The most important thing for you to do right now is take the right steps to defend yourself. The longer you wait, the more difficult it could be to resist the charges and dismantle the work of the prosecution.
Contact a Camp Pendleton criminal defense attorney from JD Law as soon as you can!