Legal Question in Military Law in Florida

Son in Navy in Pensacola in Trouble for Fighting

My son just finished A school in Pensacola. Was suppose to be home today, but on Saturday a guy stole his laptop and IPod and he heard from several people who did it. He went to that guy�s room and saw his stuff and demanded his stuff back. The guy told him that it was his and wouldn�t give it back. So, the scuffle began and my son ended up beating the crud out of the guy. They both went to the hospital and he believes they were both released.

Yesterday my son had to go through some processing where he met with each commanding officer up the ladder and each one yelled at him. Then he went somewhere else where they didn�t exactly read him his rights, but told him he had the right to a legal advisor but wanted him to sign a piece of paper to say he didn�t want council. He didn�t sign it so today he goes to meet with the Legal department.

He was told they want to charge him with assault and domestic violence.

I'm wondering what would his punishment be for that and what is the process. Also doesn't it matter that the other guy stole his stuff and wouldn't get it back?


Asked on 11/25/08, 11:17 am

2 Answers from Attorneys
William J. Holmes Attorney at Military Law

Re: Son in Navy in Pensacola in Trouble for Fighting

He could face charges for assault and battery which could be a felony with possible jail time and discharge from the Navy. He should consult with an attorney before he makes any statements or speaks to anyone. They want him to admit to hitting the other person so that they can use that as evidence against him some disciplinary proceeding. He could be facing a court-martial or nonjudicial punishment. Thus, he should not waive his rights and continue to insist on speaking with an attorney before making any statements or signing any documents.

If you have any further questions, please feel free to contact me.

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Answered on 11/26/08, 9:15 am
Philip D. Cave Military Law & Justice

Re: Son in Navy in Pensacola in Trouble for Fighting

1. Unfortunately he's got a problem with the assault. They will argue that once he challenged the person his proper action was to go to the command/MAA and report the theft and the location of his property.

2. He cannot be forced to waive his right to silence or consult with counsel.

3. That's not domestic violence. That's an assault under Article 128.

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Answered on 11/25/08, 11:43 am


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