UCMJ OFFENSES

The Uniform Code of Military Justice (UCMJ) is the federal law that governs criminal conduct in the United States military. It applies worldwide and affects service members in every branch, whether stationed in the United States or overseas.

This page provides an overview of common UCMJ criminal offenses and links to detailed explanations of individual Articles. Each Article page explains what the offense covers, what the government must prove, potential punishments, and how these cases are commonly defended.

UCMJ offenses typically originate from one of the following:

• Command investigations
• Law enforcement investigations (NCIS, OSI, CID, CGIS)
• Reports from supervisors or fellow service members
• Reports from civilian law enforcement to military law enforcement

Alleged UCMJ offenses are normally disposed of through:

• Article 15 / Nonjudicial Punishment
• Administrative separation proceedings
• Boards of inquiry (officers)
• Administrative reprimands
• Courts-martial (summary, special, or general)

Not every allegation results in a court-martial, but even minor allegations can have career-ending consequences if not handled correctly.

These offenses involve obedience to orders, respect for authority, and maintaining good order and discipline. They are among the most commonly charged Articles across all branches. 

• Article 90 – Willfully Disobeying a Superior Commissioned Officer
• Article 91 – Insubordinate Conduct Toward a Warrant Officer, NCO, or Petty Officer
• Article 92 – Failure to Obey an Order or Regulation
• Article 94 – Mutiny and Sedition
• Article 134 – General Article (Disorders and Neglects; Conduct Prejudicial to Good Order and Discipline)

These charges often arise during investigations or official proceedings and although they are stand-alone offenses, they are normally charged in conjunction with other offenses. 

• Article 107 – False Official Statement
• Article 133 – Conduct Unbecoming an Officer and a Gentleman

These offenses carry some of the most severe penalties under the UCMJ and frequently involve complex investigations and forensic evidence.

• Article 128 – Assault
• Article 128b – Domestic Violence
• Article 120 – Sexual Assault and Rape
• Article 120b – Sexual Offenses Involving Children
• Article 120c – Other Sexual Misconduct

These charges often involve searches, seizures, financial records, and urinalysis testing. Procedural errors are common and frequently litigated.

• Article 121 – Larceny and Wrongful Appropriation
• Article 112a – Wrongful Use, Possession, or Distribution of Controlled Substances

These cases depend heavily on intent, duration, and surrounding circumstances, and are often misunderstood by commands.

• Article 86 – Absence Without Leave (AWOL)
• Article 85 – Desertion

Many UCMJ cases are won or lost before charges are ever preferred. Early involvement allows a defense attorney to:

• Challenge unlawful investigations
• Preserve favorable evidence
• Influence charging decisions
• Prevent unnecessary escalation

Each Article presents unique defenses, evidentiary issues, and procedural requirements. The linked pages below address those issues in detail.