Military Offenses | Military Law Center
Military Offenses: Know Your Military Legal Rights
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 servicemember can be disciplined by the command if a servicemember is alleged to have violated one or more of the offenses. The 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 punitive articles are enacted by Congress, they are also set out in 10 United States Codes, Chapter 47. Since the offenses are established by Congress, a conviction of any of the military offenses at a 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 of the offenses at a Special Court-Martial is considered a federal misdemeanor conviction.
Military Legal Rights.
- ADULTERY IN THE MILITARY
The U.S. Armed Forces hold their servicemembers to a higher ethical level than people in civilian life.Adultery in the military is a criminal offense under the Uniform Code of Military Justice…
For More Information: ADULTERY IN THE MILITARY
- ASSAULT CHARGES
assault is a serious offense that may be punishable by Court Martial. A servicemember convicted of assault by Court Martial may face…
For More Information: Administrative Separations
- AWOL / UNAUTHORIZED ABSENCE
Whatever your status, Unauthorized Absence (UA), AWOL (Absent Without Leave), or Deserter, the Military Law Center is a great asset to help you terminate your UA or AWOL status and resolve your case with your command or unit…
For More Information: AWOL / UNAUTHORIZED ABSENCE
- BAH FRAUD | OHA FRAUD
Considering the ballooning U.S. Budget deficit and the proposed cut-backs in military funding, all branches of the Armed Forces are cracking down on Basic Allowance for Housing…
For More Information: BAH FRAUD | OHA FRAUD
- MILITARY DESERTION
Desertion exists when a servicemember is in an unauthorized absence status from their unit and chooses to remain away permanently, to avoid…
For More Information: MILITARY DESERTION
- DOMESTIC VIOLENCE
Domestic violence is such a common occurrence in the military that the Department of Defense (DOD) has made Domestic Violence an item of specific concern…
For More Information: DOMESTIC VIOLENCE
- DUI CHARGES
DUI charges are brought against thousands of soldiers each year. It’s almost predictable considering the stresses of two recent wars, one still going on…
For More Information: DUI CHARGES
Military servicemembers are often held to a higher ethical standard than people in civilian life. In the military, certain consensual sex acts that might not cause undue fallout in civilian life, are considered improper sexual conduct and…
For More Information: FRATERNIZATION
- INTERNET STINGS/ CHILD PORNOGRAPHY
An Internet sting can be a rude awakening to people who mistakenly believe that what they search for, view, and download from the Internet…
For More Information: INTERNET STINGS
- LAW OF ARMED CONFLICT
The basis of the Law of Armed Conflict (LOAC) are derived from both customary international law and treaties. Much International law is based on practices that…
For More Information: LAW OF ARMED CONFLICT
- OFFICER MISCONDUCT
Any charges for officer misconduct would follow the Uniform Code of Military Justice and applicable military law. This could include Non Judicial Punishment, Court Martial, a Board of Inquiry…
For More Information: OFFICER MISCONDUCT
- POSITIVE URINALYSIS TESTS
The new Marine Corps standard mandates that a minuscule reading of just .01 percent will subject a Marine Corps soldier to mandatory counseling…
For More Information: POSITIVE URINALYSIS TESTS
- RAPE IN THE MILITARY
Military rape is one of the most serious charges a servicemember can face in the military. A conviction for military rape can result in years in prison and the mere allegations…
For More Information: RAPE IN THE MILITARY
- SEXUAL ASSAULT
Military sexual assault offenses are prosecuted under Uniform Code of Military Justice (UCMJ) Article 120 (Rape and Sexual Assault) and Article 125 (Forcible Sodomy)…
For More Information: SEXUAL ASSAULT
- SEXUAL HARASSMENT
If you are a servicemember in the Armed Forces of the U.S. Military and you have been accused of sexual harassment, you need to get serious about hiring a civilian criminal defense attorney…
For More Information: SEXUAL HARASSMENT
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 servicemember 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.
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