Protecting Your Military Career in the Event of an Arrest for Homicide

In April of 2020, a young Army specialist named Vanessa Guillén went missing from Fort Cavazos. In July, her remains were found in a shallow grave nearby. She had been beaten to death, and investigators suspected Spc. Aaron Robinson. As police closed in, he shot himself to death.

Had Robinson lived, he would have faced murder charges – perhaps even capital murder charges, as he appears to have kidnapped Spc. Guillén before he killed her.

If you are a servicemember who has been charged with a felony crime like homicide, you must hire a criminal defense attorney, and you should work with a team which has experience representing servicemembers in civilian courts.

Why you need a civilian criminal defense attorney on your side

If you are a veteran, thinking of enlisting, thinking of re-upping in the guard, or are charged with a crime while off-duty and off-base, you want a civilian criminal defense attorney. If your alleged crime occurred on base or while you were on duty, you will be given access to military counsel – but you can still work with a civilian criminal defense attorney, too.

The role of your criminal defense attorney is to work hard to minimize any consequences by fighting to protect your reputation, your military career, and your freedom. Your status as a service member does not change your right to due process, and we will make sure you get it. No matter how serious the allegations are against you, our criminal defense attorneys know how to tackle your case from every angle and work tirelessly to keep you safe.

The burden of proof is on the prosecution to determine guilt beyond a shadow of a doubt, and we can work with that. There are a few strategies we use for our clients depending on the circumstances of their case:

• Exercise of duty. For servicemembers, this can be an essential defense. This is when we prove the homicide occurred without recklessness, criminal intent, or negligence. This would also apply to police officers.
• Accident. If we can prove the victim’s death was the accidental result of a legal activity, we may be able to get your charges reduced or dropped.
• Self-defense. Killing someone when you legitimately believed your life to be in danger is not a criminal offense in Texas. Proving reasonable force based on the threat they posed to you may set you free.
• Mistaken identity. Having an alibi is one of the strongest elements of a criminal defense. If we are able to challenge the validity of evidence and witness testimony, we may be able to establish reasonable doubt that can prevent you from being convicted.

Consequences for being arrested for any crime

When a servicemember is arrested, they face not only legal consequences but repercussions within their branch of service as well. This is what makes a criminal accusation so alarming — your entire career and reputation may be at stake. There are three major threats to be aware of:

• Demotion. Depending on the severity of the crime, you may drop down in rank and become ineligible for future promotions, and possibly lose your pay grade level.
• Dishonorable discharge. Along with being a permanent scar on your reputation, being dishonorably discharged can make you ineligible for important benefits like your pension and health insurance. Service members who have been dishonorably discharged also find it far harder to get another job, essentially leaving them without opportunities or income.
• Reduced security clearance. You may even lose your clearance altogether. A high security clearance is a privilege reserved for those with a clean criminal record. This is another black mark against your name.

Innocence until proven guilty is something we take entirely seriously. At Mary Beth Harrell Law Firm, we are ready to provide you with compassionate, nonjudgmental representation that puts you and your career first. No case is hopeless, and especially for service members, we’ve dedicated our careers to proving just that. If you are in any branch of the military in central Texas and find yourself facing a criminal allegation no matter the severity, choose criminal defense attorneys you can trust. We have offices in Killeen and Copperas Cove for your convenience. Call us today at 254-680-4655 or fill out our contact form for more information.