Defending Those Who Defend Us®
  • Defending Service Members Charged with Malingering “Malingering” is the criminal offense of feigning mental or physical illness, or intentionally hurting oneself, in order to avoid military duties. While this military-specific offense may sound archaic, malingering is still prosecuted in the military and carries serious punishment. MJA has defended service members charged with the most, Read More

    Article 117a, UCMJ, colloquially referred to as the UCMJ’s “revenge porn” article, criminalizes the wrongful broadcast or distribution of intimate visual images. Article 117a was codified in response to the 2017 “Marines United” scandal in which nude images of female servicemembers and civilians were posted on Facebook by military members. Elements To be punishable, Read More

    People are often surprised to learn that extramarital sexual conduct, which includes “adultery”, is a crime in the military. While this military-specific offense might seem harmless enough to civilians, the military takes such conduct very seriously. Service members convicted of extramarital sexual conduct can receive a federal criminal conviction, confinement, and a punitive discharge, Read More

    Assault & Battery Assault and battery are closely related, but they are not quite the same. The distinction is usually whether contact occurs. One can commit an assault without committing a battery; however, one cannot commit a battery without also committing an assault. Article 128 of the UCMJ deals with assault and battery. For, Read More

    Absence Without Leave (AWOL) There are multiple punitive articles that deal with military members who leave their place of duty without authorization. Several articles deal with specific instances of unauthorized absence. For example, Article 85 deals with Desertion, which includes such conduct as leaving a place of duty without authority and with the intent, Read More

    Types of Manslaughter There are two types of manslaughter under the UCMJ: voluntary and involuntary.  Voluntary manslaughter occurs when a person is unlawfully killed “in the heat of sudden passion caused by adequate provocation.”  Involuntary manslaughter is when a death results from “culpable negligence” or occurs during the commission of certain offenses.  The elements, Read More

    Types of Murder Any person subject to the UCMJ who, without justification or excuse, unlawfully kills a human being is guilty of murder.  There are four ways murder can occur under the UCMJ: Premeditated Murder That a certain named or described person is dead; That the death resulted from the act or omission of, Read More

    The United States military has a zero-tolerance policy when it comes to illegal drugs. Under Article 112a of the Uniform Code of Military Justice (UCMJ), anyone who wrongfully possesses, uses, manufactures, imports, or distributes certain controlled substances can be court-martialed and face up to five years in prison, among other penalties. What Is Article, Read More

    When it comes to illegal drug use, military service members are held to a much higher standard compared to civilians.  Irrespective of the decriminalization of drugs in several U.S. States, the military has not changed their stance on the illicit use of controlled substances. The Uniform Code of Military Justice (UCMJ) prohibits the use, Read More

    It is a misperception that servicemembers cannot fight or challenge a positive urinalysis, which is largely perpetuated by commands who try to convince the suspect servicemember that they have no hope of winning at a court-martial. This is simply not true. At MJA, we have used many different defenses to convince a jury (member, Read More