MILITARY CRIMINAL DEFENSE LAWYER - DOMESTIC VIOLENCE

Aggressive Defense for Service Members Accused of Domestic Violence

UCMJ Article 128b - Domestic Violence Defense

At Korody Law, we understand the devastating impact a domestic violence allegation can have on your military career, reputation, and personal life. Our firm is led by Patrick Korody, a former active-duty Navy JAG and experienced trial attorney who has defended service members across all branches of the armed forces.

If you’re facing domestic violence charges such as UCMJ Article 128b in the military, your future is at stake. You need a proven lawyer who knows military law, the UCMJ, and how to protect your rights and your future.

Military Domestic Violence Lawyers - UCMJ Article 128b Charges

UCMJ Article 128b is the criminal statute for domestic violence in the military. Charges for UCMJ Article 128b can be pursued at court-martial, nonjudicial punishment (Article 15 proceedings), or at administrative separation proceedings. UCMJ Article 128b was added to the Uniform Code of Military Justice (UCMJ) in 2019 by Congress because a conviction for a crime of domestic violence has serious consequences inside and outside of the military.

UCMJ Article 128b domestic violence has five separate domestic violence offenses in it. Domestic violence is committed when a military service member:

Commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person;
With intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person (A) commits any UCMJ offense against any person or (B) commits any UCMJ offense against any property, including an animal;
Commits a violent offense against a spouse, an intimate partner, or an immediate family member of that person;
With intent to threaten or intimidate a spouse, an intimate partner, or an immediate family member of that person, violates a protection order;
With intent to commit a violent offense against a spouse, an intimate partner, or an immediate family member of that person, violates a protection order; OR
Assaults a spouse, an intimate partner, or an immediate family member of that person by strangling or suffocating

The Maximum Punishment for UCMJ Article 128b domestic violence convictions depends on which offense is committed. For example, for violent offenses, the military member can receive: the maximum for the underlying offense + 3 years confinement and a dishonorable discharge. So if the member is guilty of striking his/her spouse (a battery under UCMJ Article 128), the maximum confinement would be 3.5 years (6 months for the battery + 3 years for Article 128b). This makes slapping a spouse a felony offense in the military. Strangling or suffocating your spouse is punishable by up to 8 years confinement and a dishonorable discharge. This is also a felony offense.

UCMJ Article 128b Defense Strategies Overview

Self-Defense

Acting in self-defense is a legal defense to UCMJ Article 128b Domestic Violence charges.

Defense of Others

Defense of others is a similar to self-defense. It involves protecting others from the alleged victim of domestic violence.

Fabrication

This involves demonstrating that the alleged incident did not happen or did not happen the way the alleged victim is reporting it, and there was no domestic violence.

Lack of Intent

Where the domestic violence crime require a specific intent, the lack of that intent is a defense. For example, violating a protective order for reasons other than those specified in the statute.

Your Best Military Domestic Violence Defense.

We represent service members under investigation or facing disciplinary or court-martial for domestic violence allegations.

Why Military Domestic Violence Cases Are Different.

Military domestic violence cases often involve multiple layers of legal consequences:

UCMJ Charges (Article 128b – Domestic Violence)
Military Protective Orders (MPOs)
Civilian protective orders or arrests
Military Law Enforcement (NCIS, OSI, CID, CGIS) Investigations
Security clearance suspension or revocation
Administrative separation proceedings or court-martial
Family advocacy proceedings

Unlike civilian court, the military justice system can act swiftly and severely — even before formal charges are filed. That’s why early and experienced legal representation is crucial.

Military domestic violence cases involve high-stakes consequences and often move faster than civilian cases. Today, many of these cases are investigated and prosecuted by the Office of Special Trial Counsel (OSTC) — a new and independent authority created to handle serious offenses such as sexual assault and domestic violence.

The OSTC operates separately from your chain of command, and their prosecutors are focused solely on securing convictions. This means your case may be handled more aggressively, with fewer opportunities for informal resolution.

At Korody Law, we know how the OSTC works — and we know how to fight back.

Consequences of a Court-Martial Conviction for Domestic Violence.

If convicted of domestic violence in the military, you may face:

Federal Criminal Conviction
Dishonorable discharge or Other-Than-Honorable separation
Loss of VA benefits and retirement
Imprisonment or confinement
Loss of parental rights or access in a related divorce
Lifetime firearm possession bar under the Lautenberg Amendment (federal law that prohibits individuals convicted of domestic violence from possessing firearms)

Korody Law aggressively challenges weak evidence, fights command overreach, and ensures your rights are protected throughout every phase of your domestic violence case.

Free domestic violence case consultation

Let Korody Law provide you a free case consultation.

MILITARY CRIMINAL DEFENSE LAWYER - DOMESTIC VIOLENCE

Aggressive Defense for Service Members Accused of Domestic Violence

UCMJ Article 128b - Domestic Violence Defense

Military Domestic Violence Lawyers - UCMJ Article 128b Charges