Understanding Your Situation and Legal Exposure Article 78 criminalizes helping someone escape accountability after they’ve committed an offense under military law. Maximum punishment equals half of what the principal offender faced, capped at 10 years regardless of the underlying crime’s severity. The critical distinction from conspiracy charges: Article 78 requires the crime to already be complete before any assistance begins. For the Unknowing Helper I helped my buddy without knowing he’d done anything wrong—how can… UCMJ Article 78: Accessory After the Fact

Understanding Attempt Charges and Your Defense Options Article 80 makes attempted offenses punishable at the same level as completed crimes, with the sole exception that attempted offenses cannot receive the death penalty even if the completed offense would qualify. The prosecution must prove both specific intent to commit the crime and an “overt act” that moves directly toward commission—mere preparation isn’t enough. This creates two distinct defendant situations: those who stopped themselves, and those who… UCMJ Article 80: Attempts

Understanding Military Sexual Assault Charges and Defense Strategies Important Notice: This content provides general legal information only and does not constitute legal advice. Sexual assault cases involve complex evidentiary and constitutional issues. For advice specific to your situation, immediately consult a licensed military defense attorney experienced in sexual assault defense. Overview Article 120 of the Uniform Code of Military Justice covers rape, sexual assault, and other sexual offenses against adults, carrying maximum punishment of life… UCMJ Article 120: Rape and Sexual Assault

Understanding Military Manslaughter Charges and Defense Strategies Important Notice: This content provides general legal information only and does not constitute legal advice. Military law varies by jurisdiction and circumstances. For advice specific to your situation, consult a licensed military defense attorney. Overview Article 119 of the Uniform Code of Military Justice criminalizes unlawful killings that lack the premeditation required for murder, covering both voluntary manslaughter (heat of passion killings) and involuntary manslaughter (deaths caused by… UCMJ Article 119: Manslaughter

Understanding Article 118 Charges and Your Defense Options Important Notice: This content provides general legal information about UCMJ Article 118 charges and is not a substitute for professional legal advice. Article 118 includes death-eligible offenses. If you are facing charges or investigation under Article 118, contact a qualified military defense attorney immediately. This is a life-or-death legal matter requiring expert representation. Do not make any statements without counsel present. Overview Article 118 defines murder in… UCMJ Article 118: Murder

Understanding Article 112a Charges and Your Defense Options Important Notice: This content provides general legal information about UCMJ Article 112a charges and is not a substitute for professional legal advice. If you are facing charges or investigation under Article 112a, contact a qualified military defense attorney immediately. Drug charges carry severe consequences including lengthy confinement and punitive discharge. Overview Article 112a criminalizes the use, possession, manufacture, distribution, and importation of controlled substances. State marijuana legalization… UCMJ Article 112a: Wrongful Use, Possession, etc., of Controlled Substances

Understanding Article 111 Charges and Your Defense Options Important Notice: This content provides general legal information about UCMJ Article 111 charges and is not a substitute for professional legal advice. If you are facing charges or investigation under Article 111, contact a qualified military defense attorney. Your specific circumstances require individualized legal analysis. Overview Article 111 criminalizes operating a vehicle, aircraft, or vessel while drunk or in a reckless manner. The 0.08 blood alcohol concentration… UCMJ Article 111: Drunken or Reckless Operation of Vehicle, Aircraft, or Vessel

Understanding Article 108 Charges and Your Defense Options Important Notice: This content provides general legal information about UCMJ Article 108 charges and is not a substitute for professional legal advice. If you are facing charges or investigation under Article 108, contact a qualified military defense attorney. Your specific circumstances require individualized legal analysis. Overview Article 108 covers offenses against military property, including selling, damaging, destroying, losing, or suffering the loss of military property through neglect.… UCMJ Article 108: Military Property Offenses

Understanding Article 107 Charges and Your Defense Options Important Notice: This content provides general legal information about UCMJ Article 107 charges and is not a substitute for professional legal advice. If you are facing charges or investigation under Article 107, contact a qualified military defense attorney immediately. Your specific circumstances require individualized legal analysis. Overview Article 107 prohibits making false official statements with intent to deceive, covering both written and oral statements made in the… UCMJ Article 107: False Official Statements

Understanding Article 106 Charges and the Mandatory Death Penalty Important Notice: This content provides general legal information about UCMJ Article 106 charges and is not a substitute for professional legal advice. Article 106 is unique in military law: upon conviction, the death penalty is MANDATORY, not discretionary. If you are facing charges or investigation under Article 106, this is a life-or-death legal matter. Contact a qualified military defense attorney immediately. Do not make any statements… UCMJ Article 106: Spies

Understanding Article 104 Charges and Your Defense Options Important Notice: This content provides general legal information about UCMJ Article 104 charges and is not a substitute for professional legal advice. Article 104 is a capital offense punishable by death. If you are facing charges or investigation under Article 104, contact a qualified military defense attorney immediately. Do not make any statements about the allegations without legal counsel present. Overview Article 104 criminalizes giving intelligence to,… UCMJ Article 104: Aiding the Enemy

Understanding Article 99 Charges and Your Defense Options Important Notice: This content provides general legal information about UCMJ Article 99 charges and is not a substitute for professional legal advice. Article 99 carries the death penalty. If you are facing charges or investigation under Article 99, contact a qualified military defense attorney immediately. Your specific circumstances require individualized legal analysis. Overview Article 99 encompasses nine types of misbehavior before the enemy, all of which are… UCMJ Article 99: Misbehavior Before the Enemy

Understanding Mutiny and Sedition Charges and Your Legal Exposure Article 94 covers both mutiny (acting in concert with others to override lawful military authority) and sedition (creating or attempting to create mutiny)—both carrying maximum punishment of death or life imprisonment. Violence is not required; collective refusal to obey orders or perform duties can constitute mutiny. The article also criminalizes failure to suppress mutiny if a service member has knowledge and ability to do so. For… UCMJ Article 94: Mutiny and Sedition

Understanding Cruelty and Maltreatment Charges and Your Legal Exposure Article 93 criminalizes cruelty or maltreatment toward any person subject to the accused’s orders, carrying 1 year maximum (3 years if sexual harassment). “Maltreatment” includes any treatment that causes physical or mental harm without military justification—physical contact is not required. The victim must be in a position where the accused has authority to give them orders, creating the power dynamic that makes the conduct particularly harmful.… UCMJ Article 93: Cruelty and Maltreatment

Understanding Article 92 Charges and Your Legal Exposure Article 92 is the most commonly charged UCMJ offense, covering three distinct violations: violating a general order or regulation (2 years plus dishonorable discharge), violating any other lawful order (6 months plus bad conduct discharge), and dereliction of duty (3-6 months depending on culpability). The key distinction for orders is knowledge—general orders require no proof you knew about them, while other specific orders require proven knowledge. Dereliction… UCMJ Article 92: Failure to Obey Order or Regulation

Understanding Insubordinate Conduct Charges and Your Legal Exposure Article 91 covers insubordinate conduct toward warrant officers, noncommissioned officers, and petty officers—paralleling Article 90’s protection of commissioned officers with lower maximum punishments. Three distinct offenses exist: assault (5 years plus dishonorable discharge), willful disobedience (1 year plus bad conduct discharge), and contempt or disrespect (6 months plus bad conduct discharge). The victim must be in execution of their office, meaning actively performing their duties rather than… UCMJ Article 91: Insubordinate Conduct Toward Warrant Officer, NCO, or Petty Officer

Understanding Article 90 Charges and Your Legal Exposure Article 90 encompasses three distinct offenses: striking a superior commissioned officer, assault with intent to do bodily harm, and willful disobedience of a lawful order. All three carry the death penalty during wartime and significant peacetime punishment (10 years for assault/striking, 5 years for disobedience). The lawfulness of an order is a complete defense to disobedience—but only if the order was “obviously” illegal. For the Order Refuser… UCMJ Article 90: Assaulting or Willfully Disobeying Superior Commissioned Officer

Understanding Disrespect Charges and Your Legal Exposure Article 89 criminalizes behaving with disrespect toward a superior commissioned officer through words, acts, or omissions when the officer is in the execution of their office. Unlike civilian defamation, truth is not a defense—the factual accuracy of a disrespectful statement is legally irrelevant. Maximum punishment is one year confinement and a bad conduct discharge. For the Heat-of-Moment Defendant I lost my temper and said something I shouldn’t have… UCMJ Article 89: Disrespect Toward Superior Commissioned Officer

Understanding Desertion Charges and Your Legal Exposure Article 85 establishes three distinct forms of desertion: absence with intent to remain away permanently, absence to avoid hazardous duty, and absence to avoid important service. The critical distinction from AWOL lies in intent—desertion requires specific intent beyond mere unauthorized absence. After 30 days of absence, the law presumes intent to remain away permanently, shifting burden to the accused to rebut this presumption. Maximum punishment in peacetime is… UCMJ Article 85: Desertion

Understanding Fraudulent Enlistment and Your Options Article 84 covers three distinct offenses: procuring unlawful enlistment, procuring unlawful appointment, and effecting unlawful separation. The article applies to both the person who fraudulently enlisted and the recruiter or official who knowingly processed a disqualified applicant. Maximum punishment is 5 years confinement and a dishonorable discharge, though administrative separation is the far more common outcome. For the Fraudulent Enlistee I didn’t disclose my medical history/criminal record when I… UCMJ Article 84: Unlawful Enlistment, Appointment, or Separation

Understanding Solicitation Charges and Your Legal Exposure Article 82 criminalizes soliciting another person to commit specific serious offenses including desertion, mutiny, sedition, and misbehavior before the enemy. The crime is complete the moment the solicitation is communicated—the target’s response, whether acceptance, refusal, or silence, has no bearing on the solicitor’s guilt. Maximum punishment reaches 10 years for soliciting mutiny or sedition, with lesser maximums for other solicited offenses. For the Joking/Venting Defendant I wasn’t serious… UCMJ Article 82: Solicitation

Understanding Conspiracy Charges and Your Legal Exposure Article 81 conspiracy requires two elements: an agreement between two or more persons to commit an offense, plus an overt act by any one of them to further the conspiracy. The overt act itself need not be criminal—making a phone call, buying supplies, or renting a vehicle can all qualify. Punishment equals whatever the underlying offense would carry, excluding the death penalty. For the Talk-Only Defendant All I… UCMJ Article 81: Conspiracy