Physical Assault In The Military In King
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Call the National Domestic Violence Hotline at 1-800-799-7233. To contact MilitaryOneSource: 1-800-342-9647 ► Click here for MilitaryOneSource international calling options.
Although you may contact the DOD Hotline at any time, a faster way to resolve your complaint is usually to first contact your local or command-level Inspector General's Office. Call the Inspector General Hotline at 800-424-9098.
Domestic abuse may also involve physical abuse, including sexual abuse. The use, attempted use or threatened use of force is considered domestic abuse and is an offense under the Uniform Code of Military Justice, as well as state and federal laws.
Investigations of serious offenses involving military personnel such as rape, indecent assault, drugs, or larceny are usually conducted by a criminal investigative agency, such as the Army's Criminal Investigation Command (CID).
18 U.S. Code § 1389 - Prohibition on attacks on United States servicemen on account of service. in the case of a battery, or an assault resulting in bodily injury, be fined under this title in an amount not less than $2500 and imprisoned not less than 6 months nor more than 10 years.
Military crimes that involve attempts or the completed act of bringing unlawful violence upon another person are charged as assault under Article 128 of the UCMJ.
Article 128, UCMJ (Assault) Under the UCMJ, any person who: (1) attempts to do bodily harm to another; (2) offers to be bodily harm to another; or (3) does bodily harm to another person is guilty of assault. Bodily harm is broadly defined as “an offensive touching of another, however, slight.”
(an assault consummated by battery is defined as bodily harm to another done without legal justification or excuse and without the lawful consent of the person affected; bodily harm is defined as any offensive touching).
The military does not categorize offenses as misdemeanors or felonies. A court-martial conviction under Article 128 is a federal conviction and will be reported to national databases. Some states will call this conviction a felony if the authorized punishment could have been greater than one year.
Article 128b of the UCMJ governs charges of domestic violence as committed by members of the United States Armed Services. It defines domestic violence as that which is committed against a spouse, intimate partner or immediate family member.
