Former Soldier's Assault Penalty

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Post on Jan 24, 2025

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A Former Soldier's Assault Penalty: My Brother's Story and What I Learned

Hey everyone, I'm Sarah, and this is a tough one to write. My older brother, Mark, served in the army for eight years. He came back a changed man, haunted by things I can only imagine. And then, the assault happened. This isn't about glorifying him or excusing his actions; it's about understanding the complexities of what happened and the brutal reality of the legal system’s response to assault committed by a veteran. I'm sharing this because it's important to talk about these issues – for veterans and their families.

This post is not legal advice, and I am not a lawyer. My goal here is to share our experience to help others dealing with similar situations.

<h3>The Incident and the Aftermath</h3>

It all went down at a family reunion, of all places. A stupid argument escalated, and Mark hit someone. Not a gentle shove – a full-blown punch. The guy needed stitches. I was mortified. My brother, a decorated soldier, facing assault charges. It was awful.

The initial charges were pretty serious; felony assault, potential for prison time. We scrambled. We hired a lawyer specializing in veterans' court – that's something I learned quickly. It's a specialized court system designed to address the unique needs of veterans facing criminal charges.

It's not a "get out of jail free card," though. It requires my brother to show genuine remorse, participate in counseling, and complete substance abuse treatment (which, thankfully, he needed and wanted). The process was brutal, filled with court appearances, emotional breakdowns, and a mountain of paperwork.

<h3>Understanding the Penalties for Assault: A Veteran's Perspective</h3>

The penalties for assault vary wildly depending on the severity of the injury and the jurisdiction. In Mark's case, because it wasn't a life-threatening injury and he took responsibility, the court considered a plea bargain. But even with that, the penalties were hefty:

• Probation: He's on probation for several years, meaning regular check-ins with his probation officer. One slip-up and he could face jail time. The stress is immense.
• Anger Management: Mandatory anger management classes. Seriously, like weekly sessions for a year or more.
• Restitution: He had to pay for the medical bills of the person he assaulted. That's a financial burden, on top of everything else.
• Community Service: Hundreds of hours of community service. This isn't a walk in the park, it's real work.
• Potential Loss of Benefits: Veterans may lose some or all of their veteran benefits (like healthcare) as a result of criminal charges.

It's a heavy price to pay.

<h3>Lessons Learned and Tips for Others</h3>

Looking back, I wish we'd acted differently. I wish we'd sought help for Mark sooner. He was clearly struggling with PTSD and anger issues, and we ignored the signs. If you have a veteran friend or family member struggling, here's what I've learned:

• Seek professional help immediately. Don't wait until a crisis happens. There are resources available, like the VA, and plenty of other private practice therapists specializing in veterans' mental health.
• Understand the legal system. Assault charges are extremely serious. Get a lawyer, and get one experienced with veterans' issues.
• Be prepared for a long, emotional process. This isn't something that will be solved overnight. Patience and support are crucial.
• Advocate for your loved one. Be their voice and their support system, but also hold them accountable.

It's been a rollercoaster. There have been moments of intense frustration, anger, fear, and even some hope. It's not over yet, and there's no easy answer or perfect resolution, but seeing Mark work through this has shown me strength I didn't know he had. And hopefully, this helps others understand the complexities of the legal system and the challenges faced by veterans struggling with assault charges.

Please remember: This is just one experience. Every situation is unique. Seek professional help if you need it. This blog is meant to share our experience. It is not a substitute for legal advice.