Article 93 | Cruelty and Maltreatment

Facing an Article 93 Charge? Anxiety, frustration, and a damaged reputation can feel devastating. Don’t go it alone. Military Law Center can help.

Cruelty and Maltreatment in the military can be disastrous to your career, reputation, and promotion goals.  Even an allegation under Article 93 can trigger administrative or criminal consequences depending on the severity.  

Article 93, UCMJ states: any person subject to [the UCMJ] who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his [or her] orders shall be punished as a court-martial may direct.

The government must prove the following elements at trial to prove Cruelty and Maltreatment:

1. That a certain person was subject to the orders of the accused; and 
2. That the accused was cruel towards, or oppressed, or maltreated that person.

The terms found within the elements above have specific definitions.  The following definitions apply:

Nature of Victim.

“Any person subject to his orders” means not only those persons under the direct or immediate command of the accused but extends to all persons, subject to the UCMJ or not, who by reason of some duty are required to obey the lawful orders of the accused, regardless whether the accused is in the direct chain of command over the person.

Nature of the Act:

The cruelty, oppression, or maltreatment, although not necessarily physical, must be measured by an objective standard.  Assault, improper punishment, and sexual harassment includes influences, offering to influence, or threatening the a career, pay, or job of another person in exchange for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature.  The imposition of necessary or proper duties and the exaction of their performance does not constitute this offense even though the duties are arduous or hazardous or both.

Service members who give orders to others that are cruel may be guilty of Article 93.  An example of this includes when a Staff Non-Commissioned Officer gives an order to a junior service member that appears to be for the sole purpose of belittling them.  If the Staff NCO in a law enforcement battalion orders one of the junior members to clean up the K-9 kennels using their own toothbrush and their own uniform as a rag, would likely be subject to an Article 93 charge.  This would be especially true if the order was because the junior member rejected the Staff NCO’s sexual advance.

An Article 93 charge can feel daunting to defend against, but there are potential defenses available to fight the accusation:

• The Order Is Necessary:
  Some orders are arduous or hazardous.  But oftentimes, those orders are necessary to accomplish the mission.  If this is the case, this could be a great defense to an Article 93 charge.

• The Behavior is Not Cruel: 
  Some junior service members have a hard time accepting criticism. When this occurs, the feeling from that member could be that Accused’s behavior is cruel. If evidence is presented to show the criticism or correction is due to the junior member’s poor performance, this could be a defense.

The maximum punishment for Article 93 is a Dishonorable Discharge, Forfeitures of all pay and allowances, and confinement for three (3) years.

Although the punishment for Article 93 listed in the Manual for Court-Martial is shown above, there can be additional punishments. For example, a service member may be punished with restriction, fines not to exceed the jurisdictional maximum, and punitive letters of reprimand. Additionally, the criminal conviction itself may trigger collateral consequences later in life.

Facing an Article 93 accusation can be incredibly stressful. You might be worried about the potential consequences, including a damaged reputation, career setbacks, and even a Dishonorable Discharge. At Military Law Center, we understand the weight of these charges. Our team of experienced military defense attorneys has a proven track record of success in defending service members against Article 93 allegations. We’ll fight aggressively to protect your rights and minimize the impact on your military future.

An Article 93 charge and conviction can have devastating consequences beyond the courtroom. It can damage your reputation within the military, stall your career progression, and potentially hinder future job opportunities in the civilian sector.

Facing an Article 93 charge can be a frustrating and stressful experience. At Military Law Center, our attorneys 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 judge advocates (JAGs) with a deep understanding of military law and the UCMJ. We’ve successfully defended countless service members facing all kinds of allegations, and we know how to litigate 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 Face Article 93 Charges Alone. Military Law Center Can Help.

An Article 93 charge can stall your military career and damage your reputation. But you don’t have to fight this alone. Military Law Center has a proven track record of success defending service members facing the most serious charges. Our experienced military law attorneys understand the military justice system and will work tirelessly to protect your rights and achieve the best possible outcome for your case.

Contact Military Law Center today for a free consultation. We’ll stand by your side and fight for you.

Call Us Today – (760) 536-9038