Punitive Articles of the UCMJ
There are 119 punitive articles under the UCMJ. You could be charged with any one or more of them, depending on the situation. Each situation is unique and the specifics of the case will dictate what or how you could be charged. As all the Articles are federal crimes, none are 'minor', although the punishment will vary depending on the violation. If convicted you now have a federal crime on your record and this will probably adversely affect your future. No longer eligible for federal employment, no more security clearances, no longer eligible to conduct business with the government are all examples of how a conviction will affect your future. You can't afford to play games or try to negotiate your way out (plea bargain); the lasting effect is too much. It's not uncommon for multiple charges (stacking charges) to be included, just so the prosecutors have some leverage and work out a plea bargain with you. This list of punitive articles contains some links to the UCMJ Investigations website, but I have not intentionally linked all the Punitive Articles.
UCMJ Investigations provides experienced investigative services relating to a wide range of UCMJ-related offenses, and we fight for you. Our approaches to reviewing and analyzing the government’s case depend on the specifics of the charges levied against you. We will discuss these approaches with you and your attorneys to get you the best outcome.
Article 77 - Principals: Association
Article 78 - Accessory after the fact
Article 79 - Conviction of lesser included offenses
Article 80 - Attempts
Article 81 - Conspiracy
Article 82 - Solicitation
Article 83 - Fraudulent enlistment, appointment, or separation
Article 84 - Effecting unlawful enlistment, appointment, or separation
Article 85 - Desertion
Article 86 - Absence without leave (AWOL)
Article 87 - Missing movement
Article 88 - Contempt toward officials
Article 89 - Disrespect toward a superior commissioned officer
Article 90 - Assaulting or willfully disobeying superior commissioned officer
Article 91 - Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer
Article 92 - Failure to obey order or regulation
Article 93 - Cruelty and maltreatment
Article 94 - Mutiny and sedition
Article 95 - Resistance, flight, breach of arrest, and escape
Article 96 - Releasing prisoner without proper authority
Article 97 - Unlawful detention
Article 98 - Noncompliance with procedural rules
Article 99 - Misbehavior before the enemy
Article 100 - Subordinate compelling surrender
Article 101 - Improper use of countersign
Article 102 - Forcing a safeguard
Article 103 - Captured or abandoned property
Article 104 - Aiding the enemy
Article 105 - Misconduct as a prisoner
Article 106/a - Spies / Espionage
Article 107 - False official statements
Article 108 - Military property of the United States—sale, loss, damage, destruction, or wrongful disposition
Article 109 - Property other than military property of the United States—waste, spoilage, or destruction
Article 110 - Improper hazarding of vessel
Article 111 - Drunken or reckless operation of vehicle, aircraft, or vessel
Article 112 - Drunk on duty
Article 112a - Wrongful use, possession, etc., of controlled substances
Article 113 - Misbehavior of sentinel or lookout
Article 114 - Dueling
Article 115 - Malingering
Article 116 - Riot or breach of peace
Article 117 - Provoking speeches or gestures
Article 118 - Murder
Article 119 - Manslaughter
Article 120 - Rape and carnal knowledge
Article 120 - Rape, sexual assault, and other sexual misconduct.
Article 120a - Stalking
Article 121 - Larceny and wrongful appropriation
Article 122 - Robbery
Article 123 - Forgery
Article 123a - Making, drawing, or uttering check, draft, or order without sufficient funds
Article 124 - Maiming
Article 125 - Sodomy
Article 126 - Arson
Article 127 - Extortion
Article 128 - Assault
Article 129 - Burglary
Article 130 - Housebreaking
Article 131 - Perjury
Article 132 - Frauds against the United States
Article 133 - Conduct unbecoming an officer and gentleman
Article 134 - General article
Article 134-1 - Abusing public animal
Article 134-2 - Adultery
Article 134-3 - Assault—indecent
Article 134-4 - Assault—with intent to commit murder, voluntary manslaughter, rape, robbery, sodomy, arson, burglary, or housebreaking
Article 134-5 - Bigamy
Article 134-6 - Bribery and graft
Article 134-7 - Burning with intent to defraud
Article 134-8 - Check, worthless, making and uttering—by dishonorably failing to maintain funds
Article 134-9 - Cohabitation, wrongful
Article 134-10 - Correctional custody—offenses against
Article 134-11 - Debt, dishonorably failing to pay
Article 134-12 - Disloyal statements
Article 134-13 - Disorderly conduct, drunkenness
Article 134-14 - Drinking liquor with prisoner
Article 134-15 - Drunk prisoner
Article 134-16 - Drunkenness—incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or any drug
Article 134-17 - False or unauthorized pass offenses
Article 134-18 - False pretenses, obtaining services under
Article 134-19 - False swearing
Article 134-20 - Firearm, discharging—through negligence
Article 134-21 - Firearm, discharging—willfully, under such circumstances as to endanger human life
Article 134-22 - Fleeing scene of accident
Article 134-23 - Fraternization
Article 134-24 - Gambling with subordinate
Article 134-25 - Homicide, negligent
Article 134-1 - Impersonating a commissioned, warrant, noncommissioned, or petty officer, or an agent or official
Article 134-26 - Indecent acts or liberties with a child
Article 134-27 - Indecent exposure
Article 134-28 - Indecent language
Article 134-29 - Indecent acts with another
Article 134-30 - Jumping from vessel into the water
Article 134-31 - Kidnapping
Article 134-32 - Mail: taking, opening, secreting, destroying, or stealing
Article 134-33 - Mails: depositing or causing to be deposited obscene matters in
Article 134-34 - Misprision of serious offense
Article 134-35 - Obstructing justice
Article 134-36 - Wrongful interference with an adverse administrative proceeding
Article 134-37 - Pandering and prostitution
Article 134-38 - Parole, Violation of|
Article 134-39 - Perjury: subornation of
Article 134-40 - Public record: altering, concealing, removing, mutilating, obliterating, or destroying
Article 134-41 - Quarantine: medical, breaking
Article 134-42 - Reckless Endangerment
Article 134-43 - Requesting commission of an offense
Article 134-44 - Restriction, breaking
Article 134-45 - Seizure: destruction, removal, or disposal of property to prevent
Article 134-46 - Self-injury without intent to avoid service
Article 134-47 - Sentinel or lookout: offenses against or by
Article 134-48 - Soliciting another to commit an offense
Article 134-49 - Stolen property: knowingly receiving, buying, concealing
Article 134-50 - Straggling
Article 134-51 - Testify: wrongful refusal
Article 134-52 - Threat or hoax: bomb
Article 134-53 - Threat, communicating
Article 134-54 - Unlawful entry
Article 134-55 - Weapon: concealed, carrying
Article 134-56 - Wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button
We are not lawyers and the information presented is illustrative of the types of investigative services we offer. Consult your attorney for legal guidance.
OUR EXPERTISE: UCMJ CASES Relating to Crimes Against Persons
We understand military law, and how to effectively investigate UCMJ cases.
Specific UCMJ Charges Relating to Crimes Against Persons
ASSAULT (Article 128)
Any person subject to this chapter who, unlawfully and with force or violence— (1) attempts to do bodily harm to another person; (2) offers to do bodily harm to another person; or (3) does bodily harm to another person;
The government investigators of your case will aggressively attempt to ensure that you receive the highest amount of penalties for this accusation and if you are found guilty, you will be immediately dishonorably discharged and could potentially suffer the death penalty or life imprisonment as directed by court martial.
This is not the time to find a cheap or inexperienced investigator. You need the best because the stakes are too high. You need to get Michael West involved with your legal defense team from the very start. He has a proven history of finding weaknesses in the government's case and knows where to challenge their findings.
Conspiracy (Article 81)
(a) Any person subject to this chapter who conspires with any other person to commit an offense under this chapter shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct. (b) Any person subject to this chapter who conspires with any other person to commit an offense under the law of war, and who knowingly does an overt act to effect the object of the conspiracy, shall be punished, if death results to one or more of the victims, by death or such other punishment as a court-martial or military commission may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a court-martial or military commission may direct.
The severity of punishment depends on several things, was it during the time of war or were there more than two people involved, was an overt act committed, and what was your role?
The government investigators of your case will aggressively attempt to ensure that you receive the highest amount of penalties for this accusation and if you are found guilty, you will be immediately dishonorably discharged and could potentially suffer the death penalty or life imprisonment as directed by court martial.
This is not the time to find a cheap or inexperienced investigator. You need the best because the stakes are too high. You need to get Michael West involved with your legal defense team from the very start. He knows what to challenge and where to look for weaknesses in the government’s case.
Drug Related Crimes (Article 112a)
The military has a no-nonsense attitude toward the use or drugs. This includes the possession, transfer, sale or otherwise possessing any drug including marijuana, cocaine or large amounts of prescription pills, you will be charged with wrongful use, possession, etc., of a controlled substance as defined under Article 112a of the Uniform Code of Military Justice.
Michael West has helped prosecute hundreds of drug offenses over his career and knows how the system is used. You need him on your defense team.
Being confined without pay and being dishonorably discharged is not a consequence that you want.
Manslaughter/Attempted Murder (Article 118 or Article 119)
Any person who unlawfully takes the life of another human being in a premeditated act without justification will be charged with murder under Article 118 or Manslaughter under Article 119.
If you did not actually commit the homicide but were involved in the perpetration through the acts of another crime such as rape, robbery, burglary, aggravated assault or sodomy, you will be charged with murder as well.
The government investigators of your case will aggressively attempt to ensure that you receive the highest amount of penalties for this accusation and if you are found guilty, you will be immediately dishonorably discharged and could potentially suffer the death penalty or life imprisonment as directed by court martial.
This is not the time to find a cheap or inexperienced investigator. You need the best because the stakes are too high. You need to get Michael West involved with your legal defense team from the very start. He knows what to challenge and where to look for weaknesses in the government’s case.
Negligent Homicide (Article 134-25)
To convict you of Negligent Homicide the government must prove (1) That a certain person is dead; (2) That this death resulted from the act or failure to act of the accused; (3) That the killing by the accused was unlawful; (4) That the act or failure to act of the accused which caused the death amounted to simple negligence; and (5) That, under the circumstances, the conduct of the accused was either: (i) to the prejudice of good order and discipline in the armed forces; (ii) was of a nature to bring discredit upon the armed forces; or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
There are degrees of negligence, simple or culpable, and the penalty will be based on that degree of involvement.
If you are charged with a violation of Article 134, you need to have Michael West as part of your team. Michael has the experience needed and his involvement as part of your defense team will prove invaluable.
Obstruction of Justice (Article 131b)
To convict you of obstructing justice, the prosecutor must prove that you (1) you knew or believed that there would be a criminal proceeding; (2) and you committed certain acts; (3) with the intent to influence or impede the administration of justice; and (4) that that your conduct was service discrediting or prejudicial to good order and discipline in the armed forces.
Obstruction of justice includes lying to investigators, intimidating witnesses and destroying evidence. Encouraging a victim to take back an accusation can also be obstruction of justice. There must be the intent to influence or impede the administration of justice, however, an actual impediment or influence is not necessary. Additionally, a proceeding or investigation does not need to have started for obstruction of justice to occur.
If you are charged with a violation of Article 134, you need to have Michael West as part of your team. Michael has investigated literally hundreds of related charges and his experience will prove to be an invaluable part of your defense.
