Article 90 | Willfully Disobeying Superior Commissioned Officer
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Facing an Article 90 Charge? Stress, confusion, and a damaged reputation can feel overwhelming. Don’t go it alone. Military Law Center can help.
What is Willfully Disobeying Superior Commissioned Officer under Article 90, UCMJ?
Willfully Disobeying a Superior Commissioned Officer in the military is never a smart decision. The government must prove the following elements at trial:
- That the accused received a lawful command from a superior commissioned officer;
- That this officer was the superior commissioned officer of the accused;
- That the accused then knew that this officer was the accused superior commissioned officer;
- That the accused willfully disobeyed the lawful command;
[If the offense was committed during a time of war, add the fifth element] - That the offense was committed in time of war.
Explanations/Important Definitions:
The terms found within the elements above have specific definitions. The following definitions apply:
- Superior Commissioned Officer.
See 10 U.S.C. § 801(5). The term superior commissioned officer means a commissioned officer superior in rank or command. - Knowledge.
The accused must have actual knowledge of the order and of the fact that the person issuing the order was the accused’s superior commissioned officer. It may be proved by circumstantial evidence. - Lawfulness of the Order.
The order from the officer must be lawful. Service members are not expected to follow patently illegal orders.
Examples of other Article 90 Cases: How Does Someone Willfully Disobey a Superior Officer?
The common way service members violate Article 90, UCMJ relates to Military Protective Orders. Often a commanding officer will get a notification from law enforcement about some domestic dispute between two people. The officer will order the service member to not contact that person. If that person then contacts the protected person, then the service member may have violated Article 90 by willfully disobeying a superior officer.
Defenses Against Article 90
An Article 90 charge can feel daunting to defend against, but there are potential defenses available to fight the accusation:
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- Lacking Actual Knowledge:
You were unaware of the order because it was never passed down to you via your chain of command. Just because a commanding officer told the First Sergeant to deliver the written order to avoid contacting someone does not mean the First Sergeant delivered it to you. Proving you did not have actual knowledge of the order is a defense. - The Order Was Not Personal.
There are times when orders are given automatically once certain conditions have been met. For examples, some bases will restrict the driving privileges of drunk drivers, but the superior commissioned officer does not personally issue the order. When the officer’s order is not directly from them, this could be a defense. - The Order Was Illegal:
Although there is a presumption that all orders are legal until proven otherwise, if you are asked to perform an illegal task, this could be a defense to your entire case. - Your Disobedience Was Not Willful:
If you can show you were not willfully disobedient, then you would have a defense to Article 90. You must show an “intentional defiance of authority.” For example, if the superior commissioned officer told you to attend a course on Friday morning, getting hit by another car and going to the hospital would show you were not willfully disobedient when you failed to attend the course. - Voluntary Intoxication:
In a case where an Army Private was so intoxication he could not form the willfulness to violate the order, the Army Court of Military Review determined voluntary intoxication was a defense to the willfulness element. While it is a question of fact at trial that must be supported by evidence, a skilled trial attorney will be able to raise this defense. See United States v. Cameron, 37 M.J. 1042 (1993).
At Military Law Center, we understand the seriousness of Article 90 charges. These accusations can cast a shadow over your military career and future. That’s why we offer aggressive defense strategies tailored to your specific situation. We’ll fight tirelessly to protect your rights and achieve the best possible outcome for your case.
What is the Maximum Punishment for Article 90, UCMJ?
The maximum punishment for Article 90 depends on if the violation occurred during war time or not.
- Willfully disobeying a lawful order of superior commissioned officer in time of war: Death or such other punishment as a court-martial may direct.
- At any other time: Dishonorable Discharge (DD), forfeiture of all pay and allowances, and confinement for five years.
The maximum punishment for Article 90 listed in the Manual for Court-Martial is shown above. But there can be some other punishments. For example, a service member could also be punished with restriction, fines not to exceed the jurisdictional maximum, and punitive letters of reprimand. Additionally, the criminal conviction itself will trigger collateral consequences later in life.
Beyond the Legal Repercussions
An Article 90 charge can have a significant impact beyond the courtroom. It can damage your reputation within the military, affect your career progression, and potentially hinder future job opportunities.
Facing an Article 90 charge can be a frightening and stressful experience. At Military Law Center, we understand the challenges you’re facing, and we’re here to help. Here’s what sets us apart:
- Experienced Military Defense Attorneys:
Our team is comprised of former military personnel with a deep understanding of military law and the UCMJ. We’ve successfully defended countless service members facing Article 90 charges, and we know how to navigate the complexities of military justice. - Personalized Attention:
We treat every client as an individual. We’ll take the time to understand your specific situation and develop a personalized defense strategy designed to achieve the best possible outcome. - Aggressively Protecting Your Rights:
We’re committed to fighting for your rights and ensuring you receive fair treatment throughout the legal process. We’ll explore all available defense options and work tirelessly to protect your career and future. - Clear Communication:
We understand legal jargon can be confusing. We’ll keep you informed about the progress of your case and explain everything in clear, understandable terms. - Free Consultation:
We offer a free consultation to discuss your situation and answer any questions you may have. This allows you to make informed decisions about your defense strategy.
“Don’t go through an Article 90 case alone. The Military Law Center’s team has a proven track record of success. Their in-depth understanding of military law allows them to aggressively advocate for your rights. They’ll explore all potential defenses against your Article 90 charge, maximizing your chances of a positive outcome.” – Client
Don’t Face Article 90 Charges Alone. We Can Help.
An Article 90 charge can derail your military career and reputation. But you don’t have to fight this alone. Military Law Center has a proven track record of success defending service members facing these accusations. Our experienced attorneys understand the military justice system and will work tirelessly to protect your rights and achieve the best possible outcome for your case.
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