FIGHTING CRIMINAL DRUG CHARGES (ARTICLE 112A) IN THE MILITARY
Using, possessing, or selling illegal drugs can mean serious legal trouble if you are on active duty. Just one joint of marijuana is enough to ruin your future. If you are charged with a drug crime in a military court, you must be represented by military defense attorney R. Davis Younts.
Under the Uniform Code of Military Justice (UCMJ), every branch of the armed forces has a zero-tolerance policy regarding the possession, use, and sale of illegal drugs.
WHAT DRUG CRIMES ARE PROSECUTED BY THE MILITARY?
Those who are charged with drug crimes in the military are prosecuted aggressively. Article 112a of the UCMJ specifies seven different drug offenses prosecuted by the military. They are:
- wrongful possession of a controlled substance
- wrongful use of a controlled substance
- wrongful distribution of a controlled substance
- wrongful introduction of a controlled substance
- wrongful manufacture of a controlled substance
- wrongful possession, manufacture, or introduction of a controlled substance with intent to distribute
- wrongful importation or exportation of a controlled substance
If you face any of these charges, you must be represented by a military lawyer who has considerable experience defending those charged with drug offenses under Article 112a of the UCMJ. You are going to need the advice and services of defense attorney R. Davis Younts.
WHAT ARE THE PENALTIES FOR MILITARY DRUG CRIME CONVICTIONS?
The penalties for convicted drug offenders in the military depend on the drug, the quantity, and the circumstances. A service member convicted of illegally using, possessing, or manufacturing these drugs may be dishonorably discharged, stripped of benefits, and serve two years in prison.
- less than thirty grams of marijuana
- Schedule IV and V drugs: Xanax, Valium, Ambien, and a variety of “low-risk” drugs
Along with a dishonorable discharge and the loss of benefits, a conviction for using, possessing, or manufacturing the drugs listed below can be penalized with up to five years in prison:
- thirty or more grams of marijuana
- Amphetamine and methamphetamine
- Cocaine, heroin, and opium
- Secobarbital and Phencyclidine
- Schedule I, II, and III drugs including Oxycodone, Adderall, and Fentanyl
WHEN ARE ADDITIONAL PENALTIES ADDED TO A DRUG SENTENCE?
Five additional years may be added to a prison sentence for a military drug conviction if, when the offense took place, the defendant:
- was on-duty as a sentinel or lookout on an aircraft, vessel, or at a missile launch site
- was serving on-duty at a military confinement facility
- was receiving “hostile fire” pay (as provided by 37 U.S.C. § 310)
- was serving during wartime
Simple possession cases are often handled with a nonjudicial punishment or summary court-martial. More serious drug cases may trigger a special or general court-martial. To convict you of a drug offense, the UCMJ requires a prosecutor to prove your guilt beyond a reasonable doubt.
YOU MUST HAVE THE RIGHT DEFENSE ATTORNEY
If you test positive for an illegal drug, or if you’re charged with a drug crime, you must try to avoid a conviction. The repercussions are too severe. In most cases, an experienced, aggressive military defense lawyer will be able to help you. You’ll need to find an attorney who:
- understands the nuances of the Uniform Code of Military Justice and Article 112a
- has an extensive background in the law
- has considerable experience effectively defending active duty service members
- understands the science involved with drug testing
It’s not difficult to show a false positive on a urinalysis test, and it’s evidence that can easily be mishandled or contaminated. Testing positive does not necessarily mean that you will be convicted of a drug crime, but you’ll need to consult at once with the right attorney.
If a military prosecutor cannot prove beyond a reasonable doubt that you knowingly and intentionally possessed, used, sold, cultivated, or manufactured an illegal drug, you cannot be convicted of a drug crime.
MEET ATTORNEY R. DAVIS YOUNTS
Military defense attorney R. Davis Younts knows how to cast doubt on the evidence against you in a drug case and how to bring your case to its best possible conclusion. Depending on the details of a drug charge, he will pursue the most effective defense strategy.
Attorney R. Davis Younts has been a prosecutor, a JAG (Judge Advocate General), and a number one-ranked Senior Defense Counsel in the U.S. Air Force. He’s been practicing law for eighteen years, and he defends those accused of drug crimes in both civilian and military courts.
You can reach attorney R. Davis Younts by calling (833) 739-5291 or (717) 612-4840. His law offices are located at 26 North Ninth Street in Lemoyne, Pennsylvania. If the military is accusing you of a drug crime, don’t lose hope. Instead, make the call to R. Davis Younts.