Virginia Beach Military & UCMJ Defense Lawyer
Court-Martial and Military Justice Defense Throughout Virginia Beach
757-337-2500
We Restore Order When a Military Investigation Threatens Your Career
Being investigated or charged under the Uniform Code of Military Justice is one of the most serious legal situations a service member can face. Your rank, pay, clearance, benefits, freedom, and future career may all be at risk. A conviction at a court-martial can result in confinement, a punitive discharge, and a federal criminal record that follows you into civilian life.
At Invictus Law, our military defense team represents service members facing UCMJ matters throughout Virginia Beach and the surrounding Hampton Roads communities. Our firm was founded by a former U.S. Marine Corps JAG officer, and our team includes former military prosecutors who understand how these cases are investigated, charged, and tried — because they have worked inside the system.
Whether you are facing a summary, special, or general court-martial, an administrative separation, a Board of Inquiry, or a security clearance review, we are prepared to develop a strategic defense focused on protecting your rights, your career, and your future.
Representing Service Members in Virginia Beach and Beyond
Hampton Roads is home to one of the largest concentrations of military personnel in the world. We represent active-duty service members, reservists, National Guard members, military officers, enlisted personnel, defense contractors, and government employees throughout the region.
Our military law practice regularly assists military personnel stationed at:
- Naval Station Norfolk
- Naval Air Station Oceana
- Joint Expeditionary Base Little Creek–Fort Story
- Dam Neck Annex
- Langley Air Force Base
- Naval Medical Center Portsmouth
- Coast Guard, Army, Marine Corps, Navy, Air Force, and Space Force commands throughout Hampton Roads and beyond.
Whether your matter involves a local command, a deployment-related issue, a military installation investigation, or proceedings occurring elsewhere in the world, we can help you understand your options and develop a strategy to protect your future.
Military Law
Cases We Handle
Understanding the Military Justice System
The Uniform Code of Military Justice (UCMJ) is the federal law that governs the conduct of every member of the armed forces. It operates as its own justice system, separate from Virginia’s state courts, with its own rules, procedures, and forums. One of the most important protections it provides is Article 31 — the military equivalent of the Miranda warning — which gives you the right to remain silent and to consult an attorney before answering questions. Exercising that right early is often the single most important decision a service member can make.
A military matter can move down several very different paths, and the path chosen shapes what is at stake.
Summary, Special, and General Courts-Martial
A court-martial is the military’s formal trial process. A summary court-martial handles minor offenses in a simplified proceeding that you can decline. A special court-martial is comparable to a civilian misdemeanor court and can impose confinement and a bad-conduct discharge. A general court-martial is reserved for the most serious offenses and can result in a dishonorable discharge, total forfeiture of pay, extended confinement, and — unlike non-judicial punishment — a federal criminal conviction. Before a case is referred to a general court-martial, an Article 32 preliminary hearing must generally be held, similar in function to a civilian grand jury.
Administrative Separation and Boards of Inquiry
Even without a conviction, a service member can be involuntarily separated. The characterization of that discharge — Honorable, General (Under Honorable Conditions), or Other Than Honorable — can determine whether you keep benefits earned over an entire career, including the GI Bill, VA healthcare, and VA home loan eligibility. We represent enlisted members at administrative separation boards and officers before Boards of Inquiry.
Security Clearance Consequences
For much of the Hampton Roads workforce, a security clearance is the job. A UCMJ allegation, an investigation, or an adverse administrative action can trigger a security clearance review — and the loss of a clearance can end a military or defense-contractor career even where no conviction ever results. We build defense strategies with those overlapping consequences in mind from the very beginning.
How Invictus Law Helps
With a UCMJ Case
Case Assessment
We begin by understanding the allegations, reviewing available information, identifying immediate risks, and explaining how military law applies to your situation.
Goal Planning
Every client has different priorities. We work with you to identify your goals, whether that involves protecting your career, avoiding separation, preserving retirement benefits, defending your clearance, or preparing for litigation.
Case Development
Military cases frequently involve command records, personnel files, digital evidence, witness interviews, investigative reports, and complex procedural issues. We work to identify weaknesses in the government’s position and opportunities to strengthen your defense.
Plan of Attack
Once we understand the facts and objectives, we develop a clear strategy tailored to the risks, opportunities, and potential outcomes involved.
Execute Plan
Some cases resolve through command advocacy or administrative proceedings. Others require contested hearings, separation boards, courts-martial, appeals, or record correction petitions. We pursue your goals while keeping you informed throughout the process.
Mission Accomplished
Whether your matter resolves through dismissal, favorable command action, successful board representation, court-martial defense, appeal, or record correction, we help you understand the outcome and your next steps.
Potential Consequences of a UCMJ Conviction
A UCMJ matter reaches far beyond a single proceeding.
Potential consequences may include:
- Confinement
- A punitive discharge (bad conduct or dishonorable)
- A federal criminal conviction following a special or general court-martial
- Reduction in rank and forfeiture of pay
- Loss of the GI Bill, VA healthcare, and VA home loan eligibility
- Security clearance suspension or revocation
- Involuntary administrative separation
- Lasting damage to civilian employment and reputation
For sailors, Marines, soldiers, airmen, Coast Guardsmen, and Guardians stationed throughout Hampton Roads, a single UCMJ allegation can jeopardize a career built over many years — and often affects a family that has already sacrificed a great deal.
What to Expect During a UCMJ Case
Most military justice matters involve several stages:
- 1. Investigation
Command or a military law enforcement agency — CID, NCIS, OSI, or CGIS — begins gathering statements, forensic evidence, and other information. This is often the earliest and most consequential stage for the defense.
- 2Preferral of Charges
If the command or a special trial counsel decides to proceed, formal charges are preferred against the accused.
- 3Pretrial Litigation
Defense counsel may challenge evidence, statements taken in violation of Article 31, unlawful command influence, search authorizations, identification procedures, and other constitutional or procedural issues.
- 4Trial by Court-Martial
If the case proceeds to trial, the government must prove guilt beyond a reasonable doubt. The defense challenges the government’s evidence and presents its own case.
When Should You Contact a Military Defense Attorney?
Many service members make the mistake of waiting until formal charges are filed before seeking legal advice. You should speak with a military defense attorney as soon as you learn that you are under investigation, have been asked to provide a statement, are notified of an administrative separation proceeding, or become aware that your security clearance may be affected.
Early representation can help protect your rights, preserve favorable evidence, prepare you for command interactions, and position your case for the strongest possible outcome.
Common Mistakes People Make
Service members often hurt their defense without realizing it by:
- XSpeaking with investigators without a lawyer
- XConsenting to searches of phones, quarters, or vehicles
- XDiscussing the case with fellow service members, friends, or family
- XPosting about the situation on social media
- XAssuming that only detailed military counsel is available
- XWaiting too long to hire experienced civilian defense counsel
Common Defenses in a UCMJ Case
Every military justice case is unique, and the available defenses depend on the specific facts, evidence, and charge. A successful defense may focus on challenging the government’s evidence, disputing intent, asserting a legal justification, or identifying constitutional and procedural violations.
Potential defenses may include:
- ✓Self-defense or defense of others
- ✓Lack of intent, knowledge, or specific intent required by the charge
- ✓Mistake of fact
- ✓Consent (where legally recognized as a defense)
- ✓False accusation or motive to fabricate
- ✓Insufficient evidence
- ✓Violation of Article 31 rights
- ✓Suppression of evidence obtained through unlawful search
- ✓Chain-of-custody challenges to forensic evidence
- ✓Unlawful command influence
- ✓Alibi
Why Hire Invictus Law for a UCMJ Case?
Strategic, Trial-Ready Representation
We prepare every case as though it will proceed to a court-martial, allowing us to identify legal issues early, preserve evidence, and build the strongest possible defense.
Early Intervention When It Matters Most
Military investigations often begin long before charges are filed. We become involved as early as possible to protect your rights and create opportunities that may improve the outcome of your case.
Team-Based Case Planning
Your case benefits from collaboration between experienced attorneys and legal professionals who work together to develop a comprehensive defense strategy.
Clear, Responsive Communication
We keep you informed throughout every stage of your case, explain your options in plain language, and ensure you understand the decisions being made on your behalf.
Protection Beyond the Courtroom
A UCMJ matter can affect much more than your immediate case. We consider the potential impact on your military career, security clearance, retirement, veterans’ benefits, civilian employment, and family when developing your defense strategy.
Disciplined Advocacy During a Critical Time
When your rank, career, reputation, and freedom are on the line, our goal is to provide experienced guidance, strategic advocacy, and a clear path forward.
What Makes Invictus Law Different
Founded by a Former U.S. Marine Corps JAG Officer
Invictus Law was founded by a former Marine Corps Judge Advocate who served as both a military prosecutor and Command Staff Judge Advocate. That firsthand experience provides valuable insight into military investigations, prosecutions, and command decision-making.
Former Prosecutor Perspective
Our attorneys have handled cases from the government’s side. We use that experience to identify weaknesses in the prosecution’s evidence, anticipate government strategies, and build stronger defenses for our clients.
Deep Roots in the Hampton Roads Military Community
Located near Naval Air Station Oceana and Dam Neck Annex, we regularly represent service members stationed throughout Virginia Beach and Hampton Roads. We understand the local commands, military installations, and procedures that often influence UCMJ cases.
Focused Practice Areas
Rather than handling every type of legal matter, we concentrate on criminal defense, military and UCMJ defense, security clearance matters, and family law. This focused practice allows us to develop deeper knowledge and more effective systems for the cases we handle.
Military Career and Security Clearance Experience
We understand that military cases often involve overlapping issues, including administrative actions, security clearance concerns, professional licensing, and career consequences. Our strategies account for these collateral issues from the very beginning.
Process-Driven Representation
Every client benefits from our structured case management process, which emphasizes thorough preparation, strategic planning, proactive communication, and consistent attention throughout the life of the case.
Our Attorneys
Each of our attorneys brings unique experience and perspective to the firm. Together, they collaborate on strategy, share ideas, and leverage one another’s strengths to help clients achieve the best possible outcome.
Rather than working in isolation, our attorneys regularly discuss complex legal issues, evaluate strategy, and draw upon one another’s courtroom experience. That means every client benefits from the collective knowledge of the firm—not just the experience of the attorney assigned to the case.
Eric Leckie
Founding Attorney. Marine Corps JAG. Former Prosecutor.
Founder of Invictus Law and a former United States Marine Corps Judge Advocate with over 23 years of trial experience in federal criminal defense, military law, and security clearance matters.
Shemeka Hankins
Former Prosecutor, Decorated Trial Attorney & Fearless Criminal Defense Lawyer
Partner. Former Prosecutor with the Virginia Beach and Norfolk Commonwealth Attorney's Office, recognized as a Super Lawyers Rising Star and Virginia State Bar Local Bar Leader of the Year.
Yolanda Beasley
Family Law and Trial Attorney. Certified Guardian ad Litem.
Virginia Beach native and certified Guardian ad Litem recognized as a Super Lawyers Rising Star (2023, 2024) and National Black Lawyers Top 40 Under 40.
Reviews & Results
Frequently Asked Questions
Can I hire a civilian lawyer for a court-martial or military proceeding?
Yes. In addition to the free military defense counsel you are entitled to, you have the right to hire civilian defense counsel at your own expense. Civilian counsel represents your interests alone, independent of the chain of command, and can devote focused time and resources to your case — while working alongside your detailed military counsel if you choose.
What is the difference between non-judicial punishment and a court-martial?
Non-judicial punishment (Article 15, also called Captain’s Mast or Office Hours) lets a commander address alleged misconduct without a trial. It is not a criminal conviction, though it becomes part of your record. A court-martial is a formal trial; a special or general court-martial can result in confinement, a punitive discharge, and a federal criminal conviction. In most cases, you can refuse non-judicial punishment and demand a court-martial, which is a significant decision that deserves legal advice.
Will a court-martial conviction follow me into civilian life?
It can. A conviction at a special or general court-martial is a federal conviction and may appear on background checks for employment, housing, and firearm purchases. A punitive or Other Than Honorable discharge can also affect access to the GI Bill, VA healthcare, and VA home loan benefits.
Can a UCMJ matter affect my security clearance?
Yes. An allegation, investigation, or adverse administrative action can trigger a security clearance review, and the loss of a clearance can end a military or defense-contractor career even without a conviction.
Should I accept an Article 15 or demand a court-martial?
That depends entirely on the facts, the strength of the evidence, and your goals. Accepting non-judicial punishment resolves the matter quickly but places the decision in your commander’s hands and creates a record. Demanding a court-martial provides more procedural protections and a higher burden of proof, but carries greater potential penalties. This is one of the most consequential decisions in a military case and should be made with legal counsel.
Does Invictus Law handle cases at the Hampton Roads installations?
Yes. We represent service members connected to installations throughout the region, including Naval Air Station Oceana, Joint Expeditionary Base Little Creek–Fort Story, Dam Neck Annex, and Naval Station Norfolk. Our office is located in Virginia Beach, near Oceana.
Legal Insights
