Queens, NY asked in Federal Crimes and Military Law

Q: My brother is a private in the Marines, were drinking and fought another Marine with a higher rank what's the punishmen?

Don't have much details about what happened, but, it seems like my bother that being a marine 18 months got went out with his friends and they were eating. It seems like there was another marine there that's were bothering his group of friends. My brother got fed up and approached the marine, it seems like they fought.

What are is the punishment. It seems like the other marine did belong to the same unit.

All i know he said that me may go to jail. What happens after if his career over, is he discharge with a criminal record ? Any thoughts for this desperate sister, that is trying to understand the military laws.

Thanks in advance.

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1 Lawyer Answer
Jeffrey Liebenguth
Jeffrey Liebenguth
Answered
  • Military Law Lawyer
  • Honolulu, HI

A: It really depends on the nature of the fight, if there were any injuries to the other person and, if so, how bad. If he is charged with any type of assault under Article 128 of the UCMJ, he could be facing from no punishment to a dishonorable discharge and years of confinement. A good military court-martial lawyer may also explore a number of options, like self defense, depending on the circumstances. Your brother should contact an experienced military lawyer in order to evaluate his case and go over the options he may have. It may not be as bad as it sounds. If he goes to a general court-martial and is convicted, he will definitely have a criminal record that will follow him.

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