Military Offense Defense Lawyer in Georgia | Legal.ge

MilitaryOffenseDefense

Are reservists liable for military crimes?

Yes, during training assemblies or mobilization, reservists are subject to military criminal law just like active-duty personnel.

Can I refuse an order?

You can only refuse a "manifestly illegal order" (one that would commit a crime). Refusing a lawful order is a crime under Article 383.

What is the penalty for losing a weapon?

Violating rules for handling weapons resulting in loss is punishable. The penalty depends on the consequences, ranging from service restrictions to imprisonment.

Does a criminal record affect my military career?

Yes, a conviction for a military crime usually leads to dishonorable discharge and a ban from future service or government jobs.

Military Offense Defense (Chapter XXXIX): Lawyer for Service Members

Military service is governed by strict disciplinary and legal norms. A military offense is an act that violates the rules of military service committed by a service member (or person equated to one). Chapter XXXIX of the Criminal Code of Georgia covers crimes such as desertion, disobedience of orders, unauthorized absence from a military unit, and violence against a superior. Such cases have specific characteristics: they are often investigated by the Military Police, and military regulations and statutes play a major role as evidence. For a service member, criminal liability means not only punishment but also the end of a career and stripping of rank. Therefore, qualified legal defense is essential for both privates and officers.

Legal.ge offers lawyers with experience in military law. Our specialists are familiar with military regulations and are ready to defend your honor and rights when facing military offense charges.

What Does Military Offense Defense Service Cover?

The lawyer's service covers all issues specific to the military:

Analysis of Military Statutes: Determining whether the accused's actions or the order complied with military statutes and legislation.
Distinguishing Desertion from AWOL: Verifying the accuracy of the qualification. Often, leaving a unit is driven by mistreatment or family circumstances, which can be mitigating factors.
Interactions with Military Police: Defense during interrogation and investigative actions.
Justifying Disobedience: If an order was clearly illegal, the lawyer will prove that disobeying it does not constitute a crime.
Damage to Military Property: Defense against charges related to negligent damage or loss of weapons or equipment.

Common Scenarios and Charges

Military crimes are often related to:

Desertion (Article 389): Evading military service by abandoning the service.
Unauthorized Absence (Article 388): Temporarily leaving the territory without permission (AWOL).
Violation of Rules Between Servicemen (Article 386): Hazing and physical confrontation between soldiers not in a subordinate relationship.
Disobedience (Article 383): Ignoring a commander's order.

Georgian Legal Framework

Military crimes are regulated by Articles 382-432 of the Criminal Code. The subject of liability can be both conscript and contract service members. Punishments range from restrictions on military service to imprisonment. Crimes committed during martial law or combat operations are punished much more severely. Also important is the Military Disciplinary Statute, which regulates internal service relations.

Steps in the Process with a Specialist

Working with a lawyer includes:

Fact Assessment: Clarifying incident details and military hierarchy.
Witnesses: Interviewing fellow service members.
Strategy: Justifying actions based on illegal orders, self-defense, or other valid reasons.
Court: Defense in common courts.

Why Legal.ge?

The military system is closed, and defending oneself there is difficult. Legal.ge connects you with lawyers who understand military specifics and can protect the rights of uniformed personnel. Get qualified help and maintain your dignity.