Consult With Knowledgeable Military Criminal Defense Attorneys Today

Parental discipline is a defense in military child abuse cases. Parental discipline can constitute an affirmative defense. However, the right of a parent to discipline a child by use of force is not without limits. When the defense of parental discipline is raised, the military judge should instruct as follows:

The evidence has raised an issue of whether the accused was imposing corporal punishment as a permissible parental disciplinary measure at the time of the alleged act(s) on the child in relation to the offense(s) of (state the alleged offense(s)).

In determining this issue you must consider all the relevant facts and circumstances, including, but not limited to:

  • The amount of force used
  • The instrument used
  • Where upon the body the force was applied
  • The number of times and manner force the instrument was used
  • The age and size of the child
  • The size of the accused

The military judge may specify other significant evidentiary factors bearing on the issue and indicate the respective contentions of counsel for both sides.

Service members charged with child abuse need counsel from experienced military criminal defense attorneys. Call Daniel Conway & Associates today at (888) 401-6214.

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    For the better part of the last decade, Mr. Conway has become a nationally recognized resource on military justice. Daniel Conway is a former Marine staff sergeant and captain. He is a proud graduate of the University of Texas at San Antonio and University of New Hampshire School of Law. Mr. Conway is recently a former President of the New Hampshire Bar Association Military Law Section and a current member of the DC Bar. Mr. Conway has also written a book on Military Crimes and Defenses that is near publication with a major ...

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    A Richmond, Virginia native, Mr. Pristera graduated from Virginia Commonwealth University with a degree in Mechanical Engineering. After spending some time as a DuPont engineer, specifically working on Kevlar manufacturing and ballistics applications, Mr. Pristera attended law school at the University of New Hampshire. On July 4, 2010, Mr. Pristera was commissioned in the U.S. Army in the Judge Advocate General’s Corps. Mr. Pristera spent almost six years on active duty. He spent just over three of those years in criminal defense, ...

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    Originally from Portland, Maine, Mr. Galli attended Elmira College in New York on a four-year Army ROTC Scholarship. At Elmira, he double majored in Business Administration and Public Affairs. Mr. Galli graduated from Elmira College in 2009 with a Bachelor of Science degree and was Commissioned as a Second Lieutenant in the United States Army. Mr. Galli began his study of the law in 2009 at the University of New Hampshire School of Law. There, he focused on litigation and honed his advocacy skills as a member of the Advanced Trial ...

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