Colorado Springs Military Criminal Defense Attorney

How Can Our Military Criminal Defense Lawyers in Colorado Springs Assist You?

Anaya Law Group is dedicated to providing skilled, aggressive criminal defense strategies for clients, including active duty military members. With Anaya Law Group on your side, your case has the following advantages:

• A firm whose founding defense attorney has more than 20 years of experience, including earlier years spent as a prosecutor, giving him beneficial insight into the other side of criminal charges
• A record of success through well-executed legal strategies that bring an assertive defense to your case
• An investigation into all aspects of the charges, to identify any procedural errors that could result in dropped or reduced charges
• A personalized defense strategy based on the unique circumstances of your case

You deserve a strong, immediate defense with protection for your legal rights and best interests throughout the process. The military criminal defense attorneys at Anaya Law Group are ready to take prompt action on your behalf.

At Anaya Law Group, P.C., we are honored to be able to assist members of the United States Armed Forces when they have legal needs. A service member may be arrested for criminal actions committed while on duty, during furlough, and on or off base. Although civilian law enforcement officers do not enforce military laws or press charges under the Uniform Code of Military Justice (UCMJ), they typically inform the military of the service member’s criminal act.

Our Colorado Springs criminal defense attorneys represent members of every branch of the military with a full range of criminal law matters, including:

DUI Charges

Drunk driving charges are a serious matter for anyone, but particularly for members of the military. Our lawyers can help you fight the allegations against you even if you are unable to appear in court because of a military commitment. Let us take care of it for you.

Domestic Violence

A conviction for domestic violence can affect your personal, professional and family life. In addition to the possibility of a restraining order that keeps you from your loved ones, you may face time in prison or the loss of your right to carry a weapon. Because carrying a weapon is an essential part of most active-duty jobs, you may face reassignment or even discharge. Our Colorado Springs lawyers have a long track record of success helping people in your situation.

Sex Crimes

Sexual assault in the military continues to receive attention, and we are here for those fighting allegations. Our attorneys’ 30 years of experience have helped us win on behalf of clients in both civilian courts and court-martial proceedings, and we know how to protect your interests while mounting an aggressive defense on your behalf.

Violent Crimes

Our military defense attorneys frequently assist military service members and veterans accused of violent crimes like assault, homicide and weapon-related offenses. When your future and your career are on the line, trust our extensive experience and our reputation in Colorado’s legal community.

Drug Crimes

Military members who are charged with drug possession can face serious consequences. Other drug offenses include using and selling, which all come with their own set of charges. Make sure our military defense attorneys are by your side to fight your case.

Insubordination, Desertion, & AWOL

Other charges that relate more directly to military duties include insubordination as well as AWOL or desertion from the military. Our attorneys also handle cases related to military fraternization.

What Do I Do if I’m Arrested While Active Duty Military?

The best defense is one that begins before the arrest. It’s always advisable to hire an attorney the moment you learn you are under investigation. A military member has the same rights as a civilian during an arrest.

During the investigation or after your arrest, do the following:

• First, do not speak to law enforcement officers about the charges without your attorney present
• Exert your right to obtain legal counsel and bond out of jail
• Notify your commanding officer and schedule a meeting with command to discuss the details of the arrest
• Hire an attorney with experience representing military members
• Do not respond to text messages about the situation, even those from family and friends because these could be subpoenaed and used against you
• Avoid discussing your case with friends, since government entities can use them as witnesses against you
• Do not violate Military Protective Orders (MPOs) or civilian restraining orders
• Carefully follow orders from command

It’s crucial to stay calm throughout the investigation and arrest process. You should know your rights and feel free to exert them. Remaining calm and deliberate helps you to focus on your defense.

Why Do I Need a Military Criminal Defense Lawyer?

A swift defense is imperative when you are facing arrest as an active-duty military member. You don’t have to settle for the attorney assigned to you or face circumstances that could adversely affect your case, your freedom, and your future. For example, you may be asked to sign a sworn statement or to take a polygraph test before you know your rights. Military law enforcement may demand to search your home, computer, and personal possessions. You may wish to remain in the military but are being told that your best option is to sign off on an Other Than Honorable discharge or to accept a non-judicial punishment, even though you are innocent of the charge against you.

Failing to secure experienced legal representation by a Colorado military criminal defense lawyer may leave your case in the hands of those who do not prioritize your best interests.

What Military Penalties Can You Face for a Civilian Crime?

While civilians face criminal penalties, an active-duty military member faces both criminal penalties and command-driven penalties under the Uniform Code of Military Justice, with consequences for their military career. Civilian criminal penalties are dictated by mandatory minimum sentencing laws and impartial judges, but military penalties are subjective, and decisions may depend on individual character and the personal judgments of command. Military justice balances an individual’s rights with the armed forces’ primary purpose of mission success. Depending on the severity of the crime, a first-line supervisor may impose punishment, while more serious crimes require a court-martial. Common penalties include:

• Travel and passport restrictions
• Confinement in a federal prison or military brig
• Reduced rank
• Loss of pay
• Punitive discharge
• Fines
• Forfeitures
• A dishonorable discharge, with loss of VA health benefits and retirement benefits
• Loss of security clearance
• Death

Military confinement often imposes more restrictions than civilian jails or prisons, including limited family and unit-member visitation and strict daily routines.

In addition to military penalties, a conviction in a civilian court could result in incarceration, fines, and probation. A post-conviction transfer occurs when a convicted service member is transferred from a brig or military prison to a civilian federal prison.

An experienced military criminal defense attorney in Colorado Springs understands how crucial a strong defense is to protecting your rights, your rank, and your good name during the investigation, before or after an arrest.

What Are the Advantages of Hiring a Military Defense Attorney In Colorado Springs?

An active-duty service member facing criminal charges requires an attorney with an in-depth understanding of the unique requirements and circumstances of military personnel under arrest.

An attorney from Anaya Law Group navigates the following:

• Criminal offenses under the UCMJ, for desertion, insubordination, or civilian criminal charges
• Court-martial proceedings, including presenting key evidence, arguing legal points in your defense, and cross-examining witnesses
• Administrative actions, including the article-15 process for non-judicial punishment, 
• Military appeals
• Representation during administrative hearings, such as for revocation of security clearance, rank reduction, and retention vs. discharge, probation and rehabilitation, or characterization of service, such as honorable discharge, Other than honorable, or general
• Dispute resolution and mediation

Military courts are renowned for harsh sentencing, even for first offenders. In addition to incarceration and other criminal penalties, a conviction could mean the end of your career and benefits, as well as blighting your future veteran status. For these reasons, it’s crucial to hire an attorney experienced in military processes and criminal defense to launch an aggressive defense strategy for military members.

Possible Criminal Defense Strategies for Military Members In Colorado Springs

A defense strategy for an active-duty service member requires an experienced attorney to navigate both civilian procedures and laws, and UCMJ regulations. Effective strategies include the following:

• Asserting self-defense and the Castle Doctrine under C.R.S. § 18-1-704.5
• Citing procedural failures and constitutional violations
• Challenging the credibility of witnesses and the reliability of evidence
• Citing PTSD and mental health issues
• Presenting an alibi defense showing you were elsewhere when the crime was committed

In some cases, a Colorado Springs military defense attorney negotiates a plea deal for reduced charges or to avoid a court-martial. An experienced attorney presents an aggressive de

Aggressive Colorado Springs, CO Military Defense Attorneys

To arrange a free consultation at our Colorado Springs office, your military base or over the phone, please contact us or call 719-227-0007.