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Defenses To U.C.M.J. Sexual Charges

If you are currently serving in our armed forces and have been charged with a crime, especially one involving sexual conduct, you need an attorney immediately.

The U.S. Constitution guarantees you the right to an attorney and the assurance that you may not be required to incriminate yourself. If you have been arrested, refrain from giving any information other than your name, then immediately invoke your right to silence and to an attorney.

Driven To Defend

At the Law Office of James A. Hernandez, we have been representing military personnel for more than two decades. As a former Judge Advocate General, lawyer James A. Hernandez has superior knowledge of the statutes and rules that apply in military court.

Although you have been charged with a crime, you are innocent until proven guilty beyond a reasonable doubt. Under the U.C.M.J., there are a number of statutory defenses to certain sexual conduct charges. They include:

  • Consent — words or actions indicating freely given agreement to sexual activity. Consent cannot be given by a person under the age of 16 or under the influence or experiencing any of the conditions in Article 120a.
  • Mistake of fact as to consent — the accused mistakenly believed either because of ignorance or mistake that the other person engaging in the sexual conduct consented. The mistake in the mind of the accused must be reasonable under the circumstances.
  • Affirmative defense — within the U.C.M.J. these are defenses that may be offered as complete or partial defenses based on facts other than those presented by the prosecutors. The accused has the duty of proving these affirmative defenses to a degree that proves the affirmative defense is more likely to be present than not.

Defending Our Country — Defending You

Former Marine James A. Hernandez provides superior legal counsel. If you are in the Jacksonville, Florida area or you are stationed on one of the many military worldwide, please contact the Law Office of James A. Hernandez for your initial consultation.

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Law Office of James A. Hernandez
118 West Adams Street
Suite 500
Jacksonville, FL 32202
Phone: 904-638-3503
Toll Free: 877-852-1675
Fax: 904-354-4403
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