Seasoned Civilian Defense Attorney for Naval Air Facility Atsugi
Constructed by the Imperial Japanese Navy in 1938, Naval Air Facility Atsugi was taken over by the United States Navy following the Japanese surrender of World War II. In the years following, this Yamato, Japan facility has played a crucial role in both the Korean and Vietnam wars. It continues to be used by the United States military to date.
If you are on notice of impending military discipline while serving at Naval Air Facility Atsugi, call attorney Patrick J. McLain today.
Military Justice at Naval Air Facility Atsugi
There are two types of military discipline at Naval Air Facility Atsugi: nonjudicial punishment and trial by court-martial.
Nonjudicial punishment, or NJP, is an administrative form of discipline used in all branches of the military. Better known as Captain's Mast or Admiral's Mast in the Navy, an NJP does not carry the risk of a conviction on your permanent criminal record. However, that does not mean the potential consequences are not severe.
An NJP is unlike a civilian criminal trial in a number of ways. These proceedings are initiated and overseen by our commanding officer, and any appeal is heard up the chain of command. The rules regarding the admission of evidence are far more lax than in a trial by court-martial.
After you are notified of the pending NJP, you have the right to reject nonjudicial punishment in favor of a trial by court-martial. This may seem like a risky choice given the higher penalties that come with a court-martial, but those proceedings also include more formal rules to protect you. The choice of rejecting an NJP should not be made without the guidance of a skilled attorney.
A trial by court-martial differs from Captain's Mast in that it is a criminal proceeding. A conviction will end up on your permanent record and follow you after your military career is over. To your benefit, however, these proceedings are more formal than an NJP. They are overseen by a military judge, who will enforce the rules related to introducing witness testimony or evidence.
If you are convicted, you can appeal. In many cases, an appeal will occur automatically. Just like at trial, you are entitled to the civilian defense counsel of your choosing throughout the appeals process.
Common Offenses at Naval Air Facility Atsugi
If you are accused of violating the UCMJ while stationed at Naval Air Facility Atsugi, you could face Captain's Mast or trial by court-martial. Some typical offenses are listed below.
Common NJP Offenses
- Unauthorized absence (AWOL)
- Drunk on duty
- Violation of orders
- Destroying government property
Common Court-Martial Offenses
Whether you are convicted at NJP or trial by court-martial, the potential penalties can have a lasting effect. Some common penalties following an NJP include restriction, loss of rank, loss of pay, and extra duties. For more serious charges, you could also face incarceration. Additionally, any conviction could result in separation proceedings.
Speak with Naval Air Facility Atsugi Defense Counsel Today
While a conviction can be devastating, it is important to remember one is never guaranteed. With the right legal counsel, you can fight back against the charges. To learn more about building a winning defense, reach out to our offices today.