Military officers, cadets, and midshipmen are held to the highest personal and professional standards. When those standards are not met, officers may be administratively punished or even criminally prosecuted for violating Article 133, UCMJ, conduct unbecoming an officer and a gentleman. When your military career, future, and freedom are on the line, you need, Read More
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
Manslaughter is among the most serious UCMJ offenses. It’s a crime that everyone has heard of but only a few understand the legal definition. So what’s the difference between voluntary and involuntary manslaughter? What are the possible punishments? And, most importantly, how do you defend against a charge of manslaughter? Find out these answers,, Read More
Murder is one of the most serious charges a person–military or civilian–can face. While most people think that murder is limited to only premeditated killings, that’s not always the case in the military. So what are the different types of murder under the Uniform Code of Military Justice (UCMJ)? What are the possible punishments, 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