The federal government and all branches of the armed forces, now more than ever, are taking accusations of criminal sexual conduct with a new and heightened awareness.
In the wake of public outcry that sexual misconduct was not being taken seriously, charges are now being filed with zeal.
At the Law Office of James A. Hernandez, we have the military experience to advise and guide you in all aspects of your case. While the Constitution guarantees you a defense, as well as the assumption that you are innocent until proven guilty beyond a reasonable doubt, within the military community even the accusation of sexual misconduct can adversely affect your career.
Former Military JAG Offering Guidance And Representation Under The U.C.M.J.
As a former Judge Advocate General and U.S.M.C. retired, attorney James A. Hernandez has thorough knowledge of the Uniform Code of Military Justice (U.C.M.J.).
Both former prosecutors, attorneys James A. Hernandez and Kelli J. Bynum are skilled in prosecutorial tactics, allowing their clients to benefit from their intimate knowledge of all statutes and rules applicable in the courtroom.
Below is a list and definition of some of the sexual misconduct charges under U.C.M.J:
Article 120a: Rape, sexual assault and other sexual misconduct — causing someone to engage in a sexual act by force, by causing bodily harm, by threatening death, bodily harm or kidnapping, by rendering a person unconscious, administering by force or without the person's consent an intoxicant that renders him or her unable to consent to sexual activity.
Article 120b: Rape of a child — engaging in any sexual conduct with a child under 12 years of age; engaging in any sexual acts listed in Article 120a with a child over the age of 12.
Article 120c (1) (2): Aggravated sexual assault — causing another to engage in a sexual act by threatening or placing that person in fear (other than that listed in Article 120a), causing bodily harm, or engaging in a sexual act with a person incapable of understanding, declining or otherwise unable to consent to the sexual act.
Article120d: Aggravated sexual assault of a child — any sexual engagement with a child who has attained the age of 12.
Article 120e: Aggravated sexual contact — causing sexual contact by or with another person if doing so would meet the definition of rape under Article 120a.
Article 120f: Aggravated sexual abuse of a child — engaging in any lewd contact with a child.
Article 120g: Aggravated sexual conduct with a child — causing sexual contact by or with another person, while violating Article 120a.
Article 120h: Aggravated sexual contact — engaging in or causing sexual contact with another person, while violating Article 120c.
Article120i: Abusive sexual conduct with a child — engaging in or causing sexual contact by or with another person, while violating Article 120d.
Article120j: Indecent liberty with a child — in the physical presence of a child engaging in behavior with the intent to arouse or gratify sexual desire, or with the intent to degrade, humiliate or degrade another person.
Article 120m: Wrongful sexual conduct — engaging in sexual contact without that person's permission.
Article120n: Indecent exposure — intentionally exposing, in an indecent manner, the genitalia, anus, buttocks, or female nipple or areola, where the exposure may be seen by people other than immediate family.
These definitions are not meant to be exhaustive and are not a substitute for qualified legal counsel provided by a licensed lawyer, nor are they meant to be construed as legal advice. They are however, offered for educational purposes.
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 bases in the Georgia/South Carolina/Florida area, please contact the Law Office of James A. Hernandez for your initial consultation.