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The Uniform Code of Military Justice (“UCMJ”) sets out how criminal cases in the military are prosecuted. One specific part of the UCMJ sets out the military offenses for which a service member can be disciplined by the command if a service member is alleged to have violated one or more of the offenses. These military offenses are set out in detail in Articles 77 through Article 134 of the UCMJ. These Articles are commonly referred to as the “Punitive Articles” of the UCMJ.
Since the Uniform Code of Military Justice is enacted by Congress, they are also set out in 10 United States Codes, Chapter 47. Consequently, a conviction of any of the military offenses at a general or special court-martial is considered a federal conviction. Generally, a conviction of any of the offenses at a General Court-Martial is considered a federal felony conviction and a conviction of any offense at a Special Court-Martial is considered a federal misdemeanor conviction.
“Military Law Center showed their experience, tenacity, and skill in taking my lawsuit to a successful settlement. It was a far more favorable outcome than anyone told me was possible, even the judge. They were thorough over months of preparing my suit. As it escalated toward a trial, they managed expert witnesses, depositions, and documents. Then they advised us well as we finally negotiated a settlement. Military Law Center is outstanding for their specialized knowledge about military customs and traditions as well as the law. They are highly recommended in their specialty.”
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Congress frequently makes changes to the Manual for Courts-Martial and the Uniform Code of Military Justice. The most recent changes were made in the National Defense Authorization Act for Fiscal Year 2019 (NDAA FY19). The President signed the NDAA FY19 on August 13, 2018, which incorporates additional changes to the Manual for Courts-Martial that will go into effect on January 1, 2019.
It is important that you seek representation from a civilian military attorney who is knowledgeable of these changes.
Facing a Military Legal Issue? We Can Help.
- ARTICLE 89 | Disrespect Toward Superior Commissioned Officer:
Accused of disrespecting a superior officer? We’ll fight to ensure a fair hearing and protect your career. »
- ARTICLE 90 | Willfully Disobeying Superior Commissioned Officer:
Facing serious charges for disobeying orders? Our experienced attorneys will represent your interests aggressively. »
- ARTICLE 91 | Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer:
Maintain your rights in the face of insubordination charges. We’ll fight for a fair outcome. »
- ARTICLE 92 | Failure to Obey Order or Regulation:
Explore your defense options for disobeying lawful orders or regulations. We’ll protect your rights. »
- ARTICLE 93 | Cruelty and Maltreatment:
Fight against accusations of cruelty or maltreatment. Our skilled lawyers will advocate for a just resolution. »
- ARTICLE 93a | Prohibited Activities with Military Recruit:
Protect yourself from false accusations. We’ll ensure your rights are upheld throughout the process. »
- ARTICLE 107 | False Official Statement:
Don’t let a misunderstanding turn into a serious offense. We’ll help you navigate false statement charges. »
- ARTICLE 108 | Military Property:
Misuse of military property can lead to legal trouble. We’ll explore all defense options and fight for a fair outcome. »
- ARTICLE 109 | Non-Military Property
Protect your rights if accused of damaging or stealing civilian property. We’ll develop a strong defense strategy. »
- ARTICLE 111 | Leaving Scene of Vehicle Accident:
Don’t face additional charges on top of an accident. We’ll ensure your rights are protected. »
- ARTICLE 112 | Drunkenness and Other Incapacity Offenses:
Get the legal support you need if facing charges related to intoxication or impairment. »
- ARTICLE 112a | Positive UAs:
A positive UA doesn’t have to define your career. We’ll explore all defense options and fight for a just outcome. »
- ARTICLE 112a | Wrongful Use, Possession, Distribution of Controlled Substances:
Facing drug-related charges? Our experienced attorneys will fight aggressively to protect your rights. »
- ARTICLE 114 | Endangerment Offenses:
Protect yourself from charges that put others at risk. We’ll develop a defense strategy to minimize penalties. »
- ARTICLE 115 | Communicating Threats:
Don’t let a misunderstanding turn into a serious offense. We’ll ensure a fair investigation and protect your rights. »
- ARTICLE 120 | Sexual Offenses (Rape Accusations, Sexual Assault):
Facing serious sexual offense charges? We understand the sensitivity of the situation. Our skilled attorneys will fight tirelessly for your defense.»
- ARTICLE 121 | Larceny and Wrongful Appropriation:
Protect yourself from theft-related charges. We’ll explore all defense options and fight for a fair outcome. »
- ARTICLE 121a | Fraudulent Use of Credit Card, Debit Card, and Other Access Devices:
Facing charges for credit card misuse? We’ll develop a strong defense strategy to protect your rights. »
- ARTICLE 127 | Extortion:
Don’t let extortion charges define your career. We’ll help you navigate the legal process. »
- ARTICLE 128b | Domestic Violence:
Domestic violence accusations require a skilled legal defense. We’ll fight to protect your rights and future. »
- ARTICLE 129 UCMJ | Burglary; Unlawful Entry:
Don’t face serious consequences for burglary or unlawful entry charges. We’ll develop a strong defense strategy. »
- ARTICLE 133 | Conduct Unbecoming of an Officer and a Gentleman:
Facing accusations of conduct unbecoming an officer? Our experienced attorneys understand the UCMJ and will fight to protect your career. »
- ARTICLE 134 | Fraternization:
Protect yourself from fraternization charges. We’ll ensure your rights are upheld throughout the process. »
- ARTICLE 134 | Extramarital Sexual Conduct (Adultery):
Adultery charges can have serious consequences. We’ll develop a strong defense strategy. »
- ARTICLE 134 | Sexual Harassment:
Don’t face sexual harassment charges alone. We’ll help you understand your rights and explore all defense options. »
Why You Need Expert Defense for Military Offenses
A finding of guilty of any of the military offenses at a non-judicial proceeding (“NJP”) is not considered a federal conviction because it is an administrative hearing and not a criminal trial. Additionally, an allegation of any of the military offenses can form the basis for an administrative separation from the military, whether or not a service member is convicted at a court-martial or found guilty at NJP.
Each military offense set out in the Punitive Articles contains the text of the offense, the elements of the offense, an explanation of the offense with definitions, whether any lessor included offense(s) apply to the offense; the maximum punishment for the offense, and sample specifications (i.e. charges) for the offense.
The law related to each military offense is further defined and clarified through the military appellate courts and the U.S. Supreme Court.
Make sure that you get the right help from a Civilian Military Attorney, in San Diego or Worldwide, built to support your needs. Military Law Center Is Ready to Help You – Right Now. Military Law Center will aggressively advise and defend you – Know Your Military Legal Rights.
Why You Should Choose the Military Law Center:
- Experienced Military Law Attorneys:
Our team has a proven track record of success in handling a wide range of military legal issues. - California Expertise:
We understand the specific laws and regulations that apply to California service members. - Aggressive Representation:
We’ll fight tirelessly to protect your rights and minimize the impact on your military career. - Free Consultation:
Discuss your case with a skilled attorney at no cost.
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Military Law Center:
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Military Law Center is a team of experienced and aggressive civilian military defense attorneys dedicated to protecting the rights of service members facing courts-martial in California and across the nation.
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